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Date: 06-11-2021

Case Style:

In Re Pacific Fertility Center Litigation

Case Number: 3:18-cv-01586-JSC

Judge: Jacqueline Scott Corley

Court: United States District Court for the Northern District of California (San Francisco County)

Plaintiff's Attorney:


San Francisco Personal Injury Lawyer Directory

Defendant's Attorney: Joseph Spalding Picchi, Aaron Thomas Schultz, Sukhwinder K. Bajwa for Pacific Fertility Center


Erin McCalmon Bosman, Alexandra Preece Barlow, Benjamin Scott Kagel, David Frank McDowell, ulie Yongsun Park, Penelope Athene Preovolos and illiam Francis Tarantino for Prelude Fertility, Inc.


Adam Michael Stoddard, John Joseph Duffy, Marc G. Cowden, Andrew Lothson, Benjamin Patrick Smith, Christopher R. Griffin, Joshua Kapnick Bart, Kevin Marcus Ringel, Nathaniel Scott Widell, and Taylor A. Van Hove for Chart Industries, Inc.

Description: San Francisco, California personal injury lawyers represented multiple plaintiffs who sued Pacific Fertility Center, Chart Industries, Inc., Pacific MSO, LLC, San Francisco Fertility Center, Joseph Conaghan, Ph.D., Eldon D. Schriock, M.D., Carolyn R. Givens, M.D., Philip E. Chenette, M.D., Carl M. Herbert, M.D., Liyun Li, M.D., Isabelle P. Ryan, M.D. and Prelude Fertility, Inc. on product liability, negligence and breach of contract theories claiming that the lost the chance to have biological children due to a freezer tank malfunction.

Plaintiffs claimed that a piece of equipment in the Pacific Fertility center "lost liquid nitrogen for a brief period of time" on March 4,2018, ruining the viability of some frozen embryos.

The Plaintiffs alleged that Chart became aware of a defect in the tank but did nothing to fix the defect.

Outcome: 06/01/2021 831 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Jury Trial (Day 5) held on 6/1/2021. (Court Reporters: Marla Knox/Katherine Sullivan)(Time 5:25) (Attachments: # 1 Trial Log)(ahm, COURT STAFF) (Date Filed: 6/1/2021) (Entered: 06/01/2021)
06/01/2021 832 TRIAL BRIEF Regarding Low LN2 Incidents in 2013 and 2014 by Chart Industries, Inc.. (Ringel, Kevin) (Filed on 6/1/2021) (Entered: 06/01/2021)
06/02/2021 834 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Jury Trial (Day 6) held on 6/2/2021. (Court Reporters: Marla Knox/Katherine Sullivan). (Attachments: # 1 Trial Log)(ahm, COURT STAFF) (Date Filed: 6/2/2021) (Entered: 06/03/2021)
06/03/2021 833 TRIAL BRIEF re Chart's Deposition Designations for Adams, Pickell, Mueller, Lamb, Ingram and Romney by Chart Industries, Inc.. (Attachments: # 1 Exhibit -- Adams depo. designations, # 2 Exhibit B -- Pickell depo. designations, # 3 Exhibit C -- Mueller depo. designations, # 4 Exhibit D -- Lamb depo. designations, # 5 Exhibit E -- Ingram depo. designations, # 6 Exhibit F -- Romney depo. designations)(Lothson, Andrew) (Filed on 6/3/2021) (Entered: 06/03/2021)
06/03/2021 835 MOTION for Directed Verdict filed by Chart Industries, Inc.. Responses due by 6/17/2021. Replies due by 6/24/2021. (Lothson, Andrew) (Filed on 6/3/2021) (Entered: 06/03/2021)
06/03/2021 836 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Jury Trial (Day 7) held on 6/3/2021. (Court Reporter: Marla Knox)(Time 5:45) (Attachments: # 1 Trial Log)(ahm, COURT STAFF) (Date Filed: 6/3/2021) (Additional attachment(s) added on 6/4/2021: # 2 Amended Trial Log) (ahm, COURT STAFF). (Entered: 06/04/2021)
06/04/2021 837 PROPOSED FINAL JURY INSTRUCTIONS. Signed by Judge Jacqueline Scott Corley on June 4, 2021. (jsclc2, COURT STAFF) (Filed on 6/4/2021) (Entered: 06/04/2021)
06/04/2021 838 PROPOSED VERDICT FORM. Signed by Judge Jacqueline Scott Corley on June 4, 2021. (jsclc2, COURT STAFF) (Filed on 6/4/2021) (Entered: 06/04/2021)
06/04/2021 839 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Jury Trial (Day 8) held on 6/4/2021. (Court Reporter: Marla Knox)(Time 5:28) (Attachments: # 1 Trial Log)(ahm, COURT STAFF) (Date Filed: 6/4/2021) (Entered: 06/04/2021)
06/05/2021 840 Sealed Transcript of Proceedings held on June 3, 2021, before Judge Jacqueline S. Corley. Court Reporter, Marla F. Knox, RPR, CRR, RMR, Telephone number (602) 391-6990/email marla_knox@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy,any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (mfk, COURT STAFF) (Filed on 6/5/2021) (Entered: 06/05/2021)
06/05/2021 841 Transcript of Proceedings held on June 4, 2021, before Judge Jacqueline S. Corley. Court Reporter, Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990/email marla_knox@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 9/3/2021. (mfk, COURT STAFF) (Filed on 6/5/2021) (Entered: 06/05/2021)
06/07/2021 842 Transcript of Proceedings held on June 3, 2021, before Judge Jacqueline S. Corley. Court Reporter, Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990/email marla_knox@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 9/7/2021. (mfk, COURT STAFF) (Filed on 6/7/2021) (Entered: 06/07/2021)
06/07/2021 843 PROPOSED FINAL JURY INSTRUCTIONS NO. 2. Signed by Judge Jacqueline Scott Corley on June 7, 2021. (jsclc2, COURT STAFF) (Filed on 6/7/2021) (Entered: 06/07/2021)
06/07/2021 844 PROPOSED VERDICT FORM NO. 2. Signed by Judge Jacqueline Scott Corley on June 7, 2021. (jsclc2, COURT STAFF) (Filed on 6/7/2021) (Entered: 06/07/2021)
06/07/2021 845 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Jury Trial (Day 9) held on 6/7/2021. (Court Reporters: Marla Knox/Katherine Sullivan)(Time 6:56) (Attachments: # 1 Trial Log)(ahm, COURT STAFF) (Date Filed: 6/7/2021) (Entered: 06/07/2021)
06/08/2021 846 TRIAL BRIEF Regarding Punitive Damages Instruction by A.B., C.D., E.F., G. H., I. J.. (Zeman, Amy) (Filed on 6/8/2021) (Entered: 06/08/2021)
06/08/2021 847 PROPOSED VERDICT FORM NO. 3. Signed by Judge Jacqueline Scott Corley on June 8, 2021. (jsclc2, COURT STAFF) (Filed on 6/8/2021) (Entered: 06/08/2021)
06/08/2021 848 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Jury Trial (Day 10) held on 6/8/2021. (Court Reporter: Katherine Sullivan)(Time 2:14) (Attachments: # 1 Trial Log)(ahm, COURT STAFF) (Date Filed: 6/8/2021) (Entered: 06/08/2021)
06/08/2021 849 Transcript of Proceedings held on June 1, 2021, Volume 6, before Judge Jacqueline Scott Corley. Court Reporters Katherine Sullivan and Marla Knox, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 795 Transcript Order - Future Trial with Daily Transcripts, 781 Transcript Order - Future Trial with Daily Transcripts ) Release of Transcript Restriction set for 9/7/2021. (Related documents(s) 795 , 781 ) (Sullivan, Katherine) (Filed on 6/8/2021) (Entered: 06/08/2021)
06/08/2021 850 Transcript of Proceedings held on June 2, 2021, Volume 7, before Judge Jacqueline Scott Corley. Court Reporters Katherine Powell Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 795 Transcript Order - Future Trial with Daily Transcripts, 781 Transcript Order - Future Trial with Daily Transcripts ) Release of Transcript Restriction set for 9/7/2021. (Related documents(s) 795 , 781 ) (Sullivan, Katherine) (Filed on 6/8/2021) (Entered: 06/08/2021)
06/08/2021 851 Transcript of Proceedings held on June 7, 2021, Volume 10, before Judge Jacqueline Scott Corley. Court Reporters Katherine Sullivan and Marla Knox, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 787 Transcript Order, 781 Transcript Order - Future Trial with Daily Transcripts ) Release of Transcript Restriction set for 9/7/2021. (Related documents(s) 787 , 781 ) (Sullivan, Katherine) (Filed on 6/8/2021) (Entered: 06/08/2021)
06/08/2021 852 Transcript of Proceedings held on June 8, 2021, Volume 11, before Judge Jacqueline Scott Corley. Court Reporter Katherine Powell Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 781 Transcript Order - Future Trial with Daily Transcripts, 804 Transcript Order - Future Trial with Daily Transcripts ) Release of Transcript Restriction set for 9/7/2021. (Related documents(s) 781 , 804 ) (Sullivan, Katherine) (Filed on 6/8/2021) (Entered: 06/08/2021)
06/09/2021 853 Final Jury Instructions. Signed by Magistrate Judge Jacqueline Scott Corley on June 9, 2021. (ahm, COURT STAFF) (Filed on 6/9/2021) (Entered: 06/09/2021)
06/09/2021 854 Exhibit List by A.B., C.D., E.F., G. H., I. J... (Attachments: # 1 Exhibit A)(Zeman, Amy) (Filed on 6/9/2021) (Entered: 06/09/2021)
06/09/2021 855 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Jury Trial (Day 11) held on 6/9/2021. (Court Reporter: Katherine Sullivan)(Time 4:31) (Attachments: # 1 Trial Log)(ahm, COURT STAFF) (Date Filed: 6/9/2021) (Entered: 06/10/2021)
06/10/2021 856 ORDER RE: PARTIES MAINTAINING PHYSICAL TRIAL EXHIBITS. Signed by Magistrate Judge Jacqueline Scott Corley on 6/10/2021. (ahm, COURT STAFF) (Filed on 6/10/2021) (Entered: 06/10/2021)
06/10/2021 857 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Jury Trial (Day 12) completed on 6/10/2021. (Court Reporter: Katherine Sullivan)(Time 00:15) (Attachments: # 1 Trial Log)(ahmS, COURT STAFF) (Date Filed: 6/10/2021) (Entered: 06/10/2021)
06/10/2021 858 VERDICT FORM (ahmS, COURT STAFF) (Filed on 6/10/2021) (Entered: 06/10/2021)

Plaintiff's verdict for $15 million with Chart being found to 90% at fault and Pacific 10% at fault.

Plaintiff's Experts:

Defendant's Experts:

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