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Testicular Cancer Survivor Sues WeHo Clinic After Finding Out They Destroyed His Sperm

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The man had paid the clinic to store his sperm for years (Photo by Monkey Business Images via Shutterstock)
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A fertility center in West Hollywood is being sued by a man and his wife who say the clinic mistakenly destroyed the sperm he had deposited after being diagnosed with testicular cancer. Now, he may never have biological children. Justin Hollman and Kristin Bruun-Andersen filed suit today against Dr. Peyman Sadaat and the Reproductive Fertility Center for negligent infliction of emotional distress, breach of contract and a loss of consortium, City News Service reports.

In the suit, Hollman says he was diagnosed with testicular cancer in 1991. He was 20 at the time, so his doctor suggested storing some of his sperm so that he would have the option of conceiving biological children later in life. Hollman deposited five vials at the Tyler Medical Clinic, which later became the Reproductive Fertility Center. He then underwent surgery for the removal of his left testicle and a tumor behind his stomach, as well as chemotherapy. After the chemotherapy, he was declared cancer-free.

Hollman married Bruun-Andersen in 2005. Throughout their relationship, both were under the assumption that they could use the sperm to conceive children via in vitro fertilization, and Hollman continued to pay for its storage. In 2013, they decided to have children.

Hollman went to the Reproductive Fertility Clinic to have the vials transferred to Bruun-Andersen's fertility doctor, only to be given paperwork that would have given the clinic permission to destroy his sperm. Hollman did not sign the papers, but instead asked speak instead to a doctor. He was called later by Saadat, who told Hollman that his samples had been mistakenly destroyed a few weeks prior. Saadat suggested that Hollman undergo surgery to recover more sperm, but it was unsuccessful as Hollman's remaining testis contained an abnormally low amount. Three embryos were created, but none survived.

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The amount Hollman and Bruun-Andersen are seeking is unspecified.