Aspire Fertility Class Action: Dead Embryos Implanted, Lawsuit Claims

Case Overview: A class action lawsuit has been filed against Aspire Houston Fertility Institute, alleging that the clinic knowingly implanted nonviable embryos, leading to failed IVF attempts.

Consumers Affected: Couples who underwent IVF treatment at Aspire Houston Fertility Institute during the period when the defective freezing agent was used.

Five couples have filed a class action lawsuit against Aspire Houston Fertility Institute, claiming the clinic knowingly implanted nonviable embryos, leading to serious emotional harm and financial consequences.

The lawsuit centers around a laboratory failure at the clinic’s Piney Point facility, allegedly due to a defective freezing agent used to preserve embryos, ABC13 reports. 

Couples Allege Aspire Fertility Implanted Nonviable Embryos, Causing Heartbreak

Nicole Alarcon and her husband Agustin were high school sweethearts who had dreamed of starting a family since marrying in 2020. After trying unsuccessfully for four years, the couple turned to Aspire Fertility Institute for help. Their initial IVF treatment seemed promising, with Nicole producing 14 embryos.

“We were just so excited because for us, that meant 14 chances of getting pregnant, and we thought surely we will get pregnant with 14 embryos,” Nicole told ABC13. However, the excitement turned to heartbreak after three unsuccessful transfers—two failed attempts and one miscarriage.

The couple assumed the issue was biological until Nicole received a call from her doctor, informing her of a potential lab error. “To find out this was all essentially for nothing, and we'd have to start over as if we never did IVF in the first place—it’s a really hard pill to swallow,” she said. Seven months after the embryos were retrieved, Nicole learned that many were likely nonviable at the time of transfer.

“I still believe there are so many women who don’t even know what happened,” Nicole added, saying she hopes to raise awareness with the lawsuit. The four other couples involved in the case have chosen to remain anonymous, but according to attorneys, for some, this may mark the end of their fertility journey.

Lawsuit Claims Defective Freezing Agent Led To Embryo Damage

The lawsuit claims that the lab issue, which affected embryos retrieved in February and March 2024, was due to a defective freezing agent used at the Piney Point facility. The plaintiffs allege that Aspire knew about the problem because pregnancy rates dropped to nearly zero during that period.

Attorney Rob Marcereau, who represents the plaintiffs, said they had consulted with fertility doctors who reviewed images of the embryos and confirmed early signs of cell death. The lawsuit argues that Aspire Fertility was negligent in continuing to use the faulty freezing agent, knowingly transferring nonviable embryos.

How Does IVF Embryo Freezing Work?

In vitro fertilization (IVF) involves fertilizing an egg in a lab setting, allowing the resulting embryo to develop for several days before it is frozen for future use. The process, called vitrification, replaces the water inside the embryo with a protective fluid to prevent ice crystals from forming during freezing. Embryos are then flash-frozen using liquid nitrogen and stored until needed for transfer. Properly performed, this method can preserve embryos for years without damaging their viability.

The plaintiffs’ lawsuit claims that Aspire’s faulty freezing agent failed to protect the embryos properly, leading to irreversible damage that made successful pregnancies impossible.

IVF Lawsuits Highlight Growing Concerns In Fertility Industry

Aspire Houston Fertility Institute responded to ABC13 with a statement acknowledging a slight decrease in embryo survival rates during the period in question. However, they said that the issue was addressed immediately by halting the use of the defective freezing agent and returning to a previously reliable method.

“No other Aspire-affiliated laboratory was impacted by this issue,” the company said in its statement, adding that many healthy pregnancies were still achieved from embryos frozen during the affected period. Aspire denied the allegations that it knowingly transferred nonviable embryos, calling the claims “false and defamatory.”

The lawsuit against Aspire Fertility is one of a number of legal actions regarding in vitro fertilization. In California, nine couples sued Ovation Fertility after alleging that the company implanted nonviable embryos that had been exposed to harmful substances. The plaintiffs in that case underwent unsuccessful implantations and later learned that lab issues had rendered their embryos unusable.

IVF-related legal disputes extend beyond medical errors. In Alabama, legal battles erupted after the state Supreme Court ruled that frozen embryos are human beings, leading to concerns about liability for IVF providers. Meanwhile, in New York, a male couple has sued the city over its health insurance plan, claiming discrimination because IVF coverage is only available for women.

Have you undergone IVF treatment at Aspire Fertility? Share your experiences and thoughts in the comments below.