Kamakahi v. ASRM Update

embryo.jpgLast summer, we blogged about Kamakahi v. ASRM et al., the egg donor price-fixing class action lawsuit. Two former egg donors initiated the federal claim in 2011. The lawsuit alleged that price guidelines followed by fertility clinics violated antitrust laws by limiting the amount of compensation women can receive for their eggs. The guidelines stated that in regard to compensation for egg donors, justification is required for sums of $5,000 or more, and total payments exceeding $10,000 are “not appropriate.” The plaintiffs further contended that by agreeing to the guidelines created by the American Society for Reproductive Medicine (“ASRM”) and the Society for Assisted Reproductive Technology (“SART”), the fertility industry conspired to restrain trade and fix prices.

Earlier this year, the parties reached a settlement after four years of litigation.The terms of the settlement include the removal of the language stating that “[t]otal payments to donors in excess of $5,000 require justification and sums above $10,000 are not appropriate.”The ASRM has also agreed not to make any future dollar amount recommendations for donor compensation. Although the settlement did not result in a monetary award for the class members, they are permitted to file an individual lawsuit to recover damages. The ASRM will also provide $5,000 to each of the four named plaintiffs (Lindsay Kamakahi, Chelsea Kimmel, Justine Levy, and Kristin Wells).

The attorneys of Harden Jackson Law are devoted to servicing clients in all areas of family law, including divorce, custody, child support, property division, paternity, post-divorce modifications, prenuptial and postnuptial agreements, simple wills, adoption, surrogacy, and other areas of reproductive law. For more information, please contact us at 317.569.0770 or www.hardenjacksonlaw.com.

Remember, these blog posts are not meant to be legal advice. You should consult an attorney to discuss the specifics of your situation.