Fertility Center Sued for Destroying Sperm

Testicular Cancer Survivor Suing Fertility Center for Destroying Sperm Samples

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Fertility is a major issue facing couples all over the world, but for one couple the possibility of having a child was ended out of negligence. When Justin Holloman was just 20 years old, he was diagnosed with testicular cancer. The treatment for this type of cancer is aggressive and would leave him without the capabilities of having children in the future. However, there were options that he had. Claim Your 20 Free Pregnancy Tests – Click Here

The Procedure

Holloman underwent surgery in 1991 that removed a tumor behind his stomach as well as his left testicle. He also underwent chemotherapy. Since he was only 20 at the time, his doctor suggested that he stored some of his sperm so that when he was ready to have kids in the future, he would have the opportunity to have biological kids of his own.

Holloman agreed that this was a sound plan and began storing his sperm at a West Hollywood center, which is now called the Reproductive Fertility Center. He deposited 5 vials, which over the course of the next twenty some odd years, he continued to pay storage fees.

Deciding to have kids

Holloman married his wife, Kristin Bruun-Anderson in 2005 and they began building their life together. Throughout their relationship, they had always planned to have kids when the time was right and had always assumed that they would be able to because of the sperm that was safely stored at the reproductive clinic.

When that day finally came in 2013, Holloman visited the center to have his sperm transferred to his fertility doctor. However, when he arrived, his was mistakenly given paperwork to destroy the sperm samples instead. Although he did not sign the paperwork, he was later given a call to inform him that his sperm was mistakenly destroyed a few weeks prior.


According to the center, Holloman still had the option of having children. They suggested that he undergo a surgery that would remove sperm from his remaining testis and use that sperm instead. Holloman did participate in the study, but the results were not successful.

Due to an abnormally low sperm count the embryos that were created were not strong enough to survive. Because of this the three embryos that were created were not able to be used. Holloman and his wife are now not able to have biological children of their own.


The couple is now suing the center for the pain and suffering that they have gone through as well as negligence and breach of contract. Obviously, this news is very devastating to the couple who are now likely to be unable to have biological children.

According to their lawyer, the clinic failed to preserve the sperm and has now created a nightmare scenario for her clients. She states that this has completely killed the dream of them ever having biological children together, causing great emotional issues for the couple.

The clinic says that the sperm was destroyed via ‘human error’ and both parties are refusing to comment on the pending lawsuit due to the sensitivity of the issue. This loss is a devastating one to Holloman and his wife and it would be difficult to say what could make them feel whole again.


For those suffering from fertility issues, the idea of not being able to have children can be devastating. However, in this instance, Holloman did everything that he could do to keep his dream alive and had that dream ended for him due to an error that was made at the clinic.

It is safe to say that Holloman and his wife will pursue their lawsuit to the very end, but the chances of them ever feeling better about this situation are slim. They do have some options available, such as adoption or using donor sperm, but the idea of having a biological child is very important to most couples.

It is very sad that they are not going to have the opportunity to have children of their own and it is safe to say that the clinic will be reimbursing them in some manner. Protecting the sperm that they have been given is the most important part of running a clinic and their negligence has now cost this couple the dream of having a family with both their genes present.

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Dr. Renee Hanton, MD
Dr. Renee Hanton, MD | ConceiveEasy
Dr. Renee Hanton is ConceiveEasy's Senior Physician with expertise in the diagnosis and treatment of infertility. Dr. Hanton specializes in the endocrine causes of infertility, such as polycystic ovary syndrome (PCOS)