The fertility industry is built on hope, trust, and deeply personal decisions about building a family. Patients rely on doctors, clinics, and genetic testing companies to provide accurate information and responsible care during one of the most vulnerable times in their lives.
But too often, that trust is misplaced.
Justice Law Collaborative represents individuals and families harmed by failures within the fertility industry, including misleading genetic testing, lack of transparency, and practices driven more by profit than patient outcomes. In a multi-billion-dollar industry with limited oversight, critical decisions are sometimes shaped by incomplete, inaccurate, or misleading information.
We are committed to holding fertility clinics, laboratories, and testing companies accountable and to helping bring greater transparency and integrity to this rapidly evolving field.
Fertility care is complex and expensive. Treatments such as IVF, embryo freezing, and genetic testing often cost tens of thousands of dollars, with many services not covered by insurance.
Patients are frequently offered additional “add-on” services, including genetic testing, that are presented as improving outcomes. In reality, many of these services lack clear scientific support and may be overpromoted without full disclosure of risks or limitations.
At Justice Law Collaborative, we focus on uncovering where the science, the marketing, and the reality diverge, especially when that gap leads to harm.
Justice Law Collaborative, alongside co-counsel Berger Montague and Constable Law, has filed multiple class action lawsuits against leading genetic testing companies related to preimplantation genetic testing for aneuploidy (PGT-A).
These cases allege that companies misled patients about the benefits and accuracy of PGT-A testing, which is often marketed as a way to improve IVF success rates and increase the likelihood of a healthy pregnancy.
Defendants include:
Filed cases span multiple jurisdictions, including New Jersey, Illinois, and California.
Key allegations include:
These lawsuits seek to recover out-of-pocket costs and damages for patients who relied on inaccurate or incomplete information when making life-altering decisions.
PGT-A is designed to identify embryos with the correct number of chromosomes, helping guide decisions about which embryos to transfer. However, growing evidence and expert concern have raised serious questions about how the test is marketed and used.
Concerns include:
At its core, these cases raise a fundamental issue: patients are making deeply personal decisions based on information that may not be accurate, complete, or scientifically supported.
Justice Law Collaborative is also investigating reports involving Ovation Fertility’s LifeView PGT-A platform, where patients may have received faulty or inaccurate test results.
These results may have influenced critical decisions, including whether embryos were deemed viable or discarded.
Reported concerns include:
If confirmed, these practices raise serious concerns about transparency, accountability, and patient protection within the fertility industry.
These cases are about more than financial loss. They are about trust, informed decision-making, and the right to accurate information when building a family.
Justice Law Collaborative is committed to helping clients understand their options, seek accountability, and contribute to meaningful change in an industry that impacts so many lives.
A renowned fertility doctor and former Harvard Medical School professor, Dr. Merle Berger, was hit with a major lawsuit for secretly impregnating his patient, Sarah Depoian, with his own sperm. Sarah went to Dr. Berger for an intrauterine insemination (“IUI”). Dr. Berger told Sarah that the sperm would come from an anonymous sperm donor “who resembled her husband, who did not know her, and whom she did not know.” Sarah’s daughter, Carolyn Bester, discovered that Dr. Berger was her biological father after using a home DNA test kit this year.
Ms. Depoian and her husband saw Dr. Berger in 1980 for assistance conceiving a child. Because Ms. Depoian’s husband’s sperm could not be used, Dr. Berger promised to perform an insemination using the sperm of a medical resident who resembled her husband, who did not know her, and whom she did not know. With that understanding, Ms. Depoian consented to the insemination.
Ms. Depoian recently found out that Dr. Berger did not use the sperm of a medical resident, as he had promised. Instead, he inserted his own sperm into her body. In doing so, Dr. Berger violated Ms. Depoian. Civil Action No.: 2
Ms. Depoian, like all patients, had a right to know what was being inserted into her body. She also had a right to refuse the insertion of sperm into her body to which she did not consent.
Dr. Berger’s misconduct was not a mistake: Rather, in order to engage in the actions discussed in this lawsuit, Dr. Berger needed to masturbate in his medical office, walk over to his patient while carrying his own sperm, and then deliberately insert that sperm into his patient’s body—all while knowing that she did not consent to his sperm entering her body.
To make matters even worse, Dr. Berger then covered up his deeply disturbing conduct. He had multiple opportunities to be honest with Ms. Depoian after the insemination. He could have told her immediately after the insemination, just as he could have admitted his abuse of power days or weeks later. But in order to cover up his misconduct and prevent her from suing him promptly, he concealed his fraud from Ms. Depoian.
Dr. Berger’s life would have been entirely different had he admitted his assault on Ms. Depoian at the time. Dr. Berger went on to become one of the country’s most prominent fertility doctors. He founded one of the nation’s largest fertility clinics, Boston IVF, and was an Associate Clinical Professor at Harvard Medical School. He should have known better—and, in fact, did know better—than to abuse his patient, Sarah Depoian. We are honored to be co-counsel on this case with Pfeiffer-Wolf.
In the pursuit of justice, we fight passionately for survivors to not only secure the financial compensation they deserve but also get the closure they need so they can begin to truly heal. We also help enable our clients to force these institutions to implement procedures and protocols to prevent future abuse.
Attorney Kim Dougherty, the leader of our Sexual Assault team, has a national reputation as an advocate for sexual abuse survivors. She also has nearly two decades of experience in civil litigation. We are a woman-owned and operated law firm with vast experience representing sexual assault survivors in an array of scenarios, and we are ready to fight for you.
We understand how difficult it can be to come forward and share your truth. Please keep in mind that you can file your case anonymously if you like. We promise to take a compassionate, trauma-informed approach to your case as we do with every client we represent. Let us empower you to take control of your life again.
Lawsuit accuses genetic test maker of misleading claims. SAN FRANCISCO, CA – A group of fertility patients has filed a federal class action lawsuit against Luminary Genetics (formerly NextGen Genetics), the company […]
After struggling for eight years to have a baby, Shannon Petersen and her husband decided to try in vitro fertilization (IVF) in 2022. Their fertility doctor recommended a test that sounded like […]
FEBRUARY 27, 2025 – Justice Law Collaborative, along with co-counsels Constable Law, and Berger Montague, filed class action lawsuits in the United States against multiple genetic testing companies for misleading consumers about […]
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