Meanwhile, a nitrogen storage container at Pacific Fertility Center in California also malfunctioned on March 4, putting thousands of frozen embryos and eggs in danger.
Pacific Fertility Clinic in San Francisco, California, confirmed that there was a liquid nitrogen failure in a storage tank in the facility.
In an unrelated event, more than 2,000 frozen eggs and embryos were also left compromised at the University Hospitals Fertility Clinic in Cleveland after a malfunction caused temperatures to drop in the freezers where they were stored.
DiCello Levitt & Casey is conducting investigations of potential similar lawsuits at clinics across the country, including a San Francisco facility that experienced a similar malfunction earlier this month, according to a news release.
None of the eggs and embryos impacted by the partial thaw will be destroyed.
Now couples who had embryos stored at the OH facility are suing. "Anger is a big part of the phone call", Herbert said of his discussions with patients.
Herbert says the clinic's staff thawed a few eggs and found they remain viable. 'Our goal is to provide all the patients we see with some kind of a family.
The University Hospital Fertility Center in Cleveland has a long-term storage tank containing liquid nitrogen that suffered equipment failure. "The medical community calls it tissue".
The incident was the second liquid nitrogen failure at a fertility center reported in the same week.
"There was a gradient between the top of the cryo tank and the bottom and the bottom stayed at the proper levels so we are now looking at what specimens existed in that gradient, but obviously our concern is that there is potentially compromised embryos and our fear is a significant number of embryos and eggs have been compromised", Dr. Liu said.
"This was a awful incident", Herbert told the Post, "but I was reassured that he did everything anybody could ever want to do".
The hospital started contacting each of the families last week to determine how they would like to proceed with their eggs and embryos.
An Ohio family has filed a class action lawsuit against the hospital where officials estimate about 2,000 frozen eggs and embryos may have been damaged by a storage tank malfunction.
According to the clinic's website, its fees for egg freezing are $8,345 for the initial cycle and $6,995 for each subsequent round.
"Right now, our patients come first", UH said in the statement.
The Pennsylvania couple viewed their embryos as future children, Floyd said. Some dated to the 1980s.
Hospital officials say more than 500 patients were affected, including some that provided samples in the 1980's.