Corboy & Demetrio Obtains Order Requiring Northwestern To Turn over Evidence Of Sperm Destruction

A Chicago judge has issued an order requiring Northwestern Medical Faculty Foundation and Northwestern Memorial Hospital to preserve and turn over records relating to a sperm bank after the law firm of Corboy & Demetrio filed an emergency petition on behalf of three patients.

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Corboy & Demetrio

Jul 19, 2012, 08:29 ET

CHICAGO, July 19, 2012 /PRNewswire/ -- A Cook County judge granted Corboy & Demetrio's Emergency Bill of Discovery on Wednesday, ordering Northwestern Medical Faculty Foundation and Northwestern Memorial Hospital to preserve and turn over documents relating to the cryogenic system machinery that incurred a catastrophic failure potentially affecting hundreds of sperm specimen.

Corboy & Demetrio is investigating why the frozen sperm of three patients were destroyed while in possession of Northwestern Medical Faculty Foundation and/or Northwestern Memorial Hospital, both Respondents in the case. The three patients had their sperm preserved because they suffered illnesses or were undergoing medical treatments that would likely render them infertile.

The order, issued by Presiding Judge Moshe Jacobius, Cook County Circuit Chancery Division, requires Northwestern to turn over numerous documents, including all inspection records of the cryopreservation and storage system and all communications about maintenance work on the system. It also allows Corboy & Demetrio to inspect the cryogenic storage system that failed.

"Today's order ensures both the preservation of all critical components of the system's failure as well as all documents pertaining to that failure," said Corboy & Demetrio partner Michael K. Demetrio, who is representing the victims. "The judicial authority exercised today will allow Corboy & Demetrio to fully investigate the causes of the loss of hundreds of sperm on behalf of the victims," Demetrio added.

In one case, James Doe, a 33-year-old man, has leukemia and was told that his radical chemotherapy treatments would likely make him sterile. In another case, Joseph Doe, 26-years-old, suffers from an illness that could render him infertile, and in a third case, John Doe, a 48-year-old man, had his sperm preserved because he, too, suffers from an illness that could render him infertile.

Case information: John Doe and Jane Doe; Joseph Doe and James Doe and Janet Doe v. Northwestern Memorial Hospital and Northwestern Medical Faculty Foundation, Cook County Circuit Court Chancery Division, filed July 16, 2012. Order issued on July 18, 2012.

SOURCE Corboy & Demetrio