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Fertility freezer malfunction

Law firm's clients are avoiding class action

jmccarty@plaind.com

At least 12 lawsuits have been filed to date on behalf of individuals and couples who lost eggs or embryos after a temperature fluctuation in a University Hospitals freezer, but only one couple so far have declared their intention to opt out of a potential class action suit.

Attorneys from the Cleveland law firm of Landskroner, Grieco, Merriman said their clients, Kate and Jeremy Plants, intend to pursue their case independent of the 11 other plaintiffs who are represented by other attorneys, and whose frozen eggs and embryos also were found to no longer be viable about two weeks ago.

The Plantses were the first to file from among a large group of prospective plaintiffs Landskroner, Grieco, Merriman is representing, the lawyers said. All of the firm's other plaintiffs also intend to pursue independent lawsuits against UH, he said.

''They don't want to be treated like a number,'' Merriman said.

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