Fertility Clinic Settlement Resolves Lawsuit Over Destroyed Eggs

New Jersey woman says she spent more than $80,000 on egg retrieval, storage and other fertility treatments, all of which were ruined due to mishandling by the clinic.

A settlement has been reached that resolves claims that a New York fertility clinic’s mishandling and improper storage practices destroyed a woman’s frozen eggs, ending her chances of having more biological children.

The original complaint (PDF) was filed by Larisa Lev-Ary in the U.S. District Court for the Southern District of New York in June 2023. It names Manhattan Fertility Services LLC, Legacy IVF LLC and Advanced Fertility Services P.C. as defendants.

According to the fertility clinic lawsuit, the facility failed to exercise reasonable care in all aspects of storing and preserving Lev-Ary’s eggs, which ultimately destroyed them and ruined their viability, causing her to suffer not only financial damages but severe emotional injuries.

IVF Process

In vitro fertilization (IVF) is a form of assisted reproductive technology that involves retrieving eggs from a woman’s ovaries, fertilizing them with sperm in a laboratory and then transferring resulting embryos into the uterus in an attempt to achieve pregnancy.

In certain cases, patients may also choose to freeze unfertilized eggs, known as oocytes, for later use, preserving the possibility of having biological children at a future date. The process typically requires hormonal stimulation, surgical retrieval of the eggs and long-term storage in cryogenic tanks designed to keep the cells viable for years.

The success of IVF and egg preservation depends on strict handling and storage protocols, since oocytes are highly sensitive to temperature changes and environmental exposure. Even minor deviations, including removal from cryogenic conditions, improper labeling or faulty storage equipment, can compromise their viability and render the eggs unusable for future fertility treatments.

IVF Oocyte Storage Lawsuit

According to the lawsuit, Lev-Ary froze 17 eggs in 2014 with Advanced Fertility Services, which later transferred its operations to Manhattan Fertility Services.

She claims that she later discovered discrepancies in the number of eggs stored as well as improper handling, including an incident where straws containing her oocytes were left outside a cryogenic tank. The complaint also alleges that two eggs were unlabeled and that the clinic used recalled storage equipment, raising concerns about the integrity of the specimens.

The filing notes Lev-Ary had one child in 2018 without using the frozen eggs, yet she was unable to conceive again, leading her to rely on the stored oocytes.

In 2021, when the eggs were thawed at another fertility clinic, all 16 were found to be non-viable, something doctors said is extremely rare and usually points to damage that occurred before thawing. The lawsuit alleges this left Lev-Ary unable to have additional biological children and caused significant emotional and financial harm.

Lev-Ary indicates she spent about $11,200 on the original egg retrieval and storage, and more than $69,000 on subsequent fertility treatments after discovering the eggs were destroyed, none of which was covered by insurance. The complaint also points out that the New York State Department of Health was investigating the clinic’s handling of the oocytes.

“Ms. Lev-Ary experienced severe anguish at the loss of the future children she had always imagined. For months, she cried nearly every day, and fell into a deep depression. She developed anxiety and lost her energy, which led her work to suffer. To this day, she struggles to sleep more than four hours a night, as she lays awake imagining the children she will never meet.”

— Larisa Lev-Ary v. Manhattan Fertility Services LLC et al

The lawsuit raises allegations of negligence, medical malpractice and bailment. It seeks compensatory damages for economic and emotional distress.

Fertility Clinic Settlement

According to an April 6, 2026 letter (PDF) submitted to the court, the parties have reached a settlement and are finalizing the terms of the agreement.

The letter indicates a stipulation of dismissal is expected to be filed shortly and attorneys have requested that the court stay all deadlines and conferences pending completion of the settlement process.

Specific terms of the settlement were not disclosed, and it remains unclear what compensation or other relief Lev-Ary will receive as part of the agreement.

Sign up for more legal news that could affect you or your family.