Class action complaint alleges price fixing by human egg donor services

Posted on: May 5th, 2011 by Steve Larson
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A class action lawsuit has been filed against American Society For Reproductive Medicine (“ASRM”), Society for Assisted Reproductive Technology (“SART”) and Pacific Fertility Center (collectively “Defendants”) in the United States District Court for the Northern District of California (entitled Lindsay Kamakahi v. American Society For Reproductive Medicine, Society for Assisted Reproductive Technology and Pacific Fertility Center, Civil Action Case No. 11-Cv-1781).  The complaint alleges a horizontal price fixing agreement among purchasers of human eggs.  According to the complaint, ASRM promulgated certain rules setting forth the maximum compensation its members should pay for donor service.  SART allegedly adopted the maximum price rules and SART-member fertility clinics allegedly agreed to follow such rules.

The Human Egg Donor antitrust class action lawsuit is brought on behalf of a putative class of persons defined as follows:

All women who, at any time during the time period starting four years prior to the filing date of the complaint to the present (the “Class Period”), sold Donor Services for the purpose of supplying AR Eggs to be used for reproductive purposes, within the United States and its territories, to any Defendant Class member.  The complaint refers to Donor Services as the time, inconvenience, labor and discomfort incurred by women who agree to supply their own human eggs for assisted fertility and reproductive procedures.

The Human Egg Donor antitrust class action lawsuit also seeks to certify a putative class of defendants defined as follows:

All SART-member Fertility Clinics and all AR Egg Agencies that agreed to comply with SART/ASRM rules on donor egg compensation and who paid for Donor Services at any time during the time period starting four years prior to the filing date of the complaint to the present.

For more information on the Human Egg Donor Services antitrust class action lawsuit, read the Human Egg Donor class action lawsuit complaint.