23 Civ. 05504

Judge Ho: Claims Arising From Freezing Oocytes Sound in Ordinary Negligence, Not Medical Malpractice

By Julie Lascano on September 16, 2025

On Thursday, Judge Ho largely denied the motions for summary judgment of three fertility-services-related defendants against negligence claims stemming from the failed freezing of unfertilized eggs (oocytes). In 2014, Plaintiff Larisa Lev-Ary underwent a medical procedure to extract and store her oocytes. Sixteen of these oocytes were deemed viable and subsequently frozen until 2021, when…

Charles MichaelPartner

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal…

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal investigations, and represents clients under investigation by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Commodity Futures Trading Commission (CFTC), and the Department of Justice (DOJ).

Gilana KellerAssociate

Gilana Keller focuses her practice on complex litigation matters with a focus on insurance and reinsurance matters and commercial litigation. Gilana represents companies in insurance…

Gilana Keller focuses her practice on complex litigation matters with a focus on insurance and reinsurance matters and commercial litigation. Gilana represents companies in insurance and reinsurance disputes, pending in state and federal court and before arbitration panels. These disputes have included representation of a leading life insurance carrier in arbitrations against reinsurers involving yearly renewable term (YRT) life reinsurance agreements and environmental insurance coverage.

Julie LascanoAssociate

Julie Wilson Lascano maintains a broad-based commercial litigation practice, representing public and private companies in all stages of litigation before state and federal courts. Her…

Julie Wilson Lascano maintains a broad-based commercial litigation practice, representing public and private companies in all stages of litigation before state and federal courts. Her varied experience includes antitrust, IP, employment, product liability, and civil class action matters, as well as internal investigations and post-investigation compliance. Julie has represented clients across a broad array of industries, including in the financial services, logistics and energy sectors.

Active in her pro bono practice, Julie has represented clients in domestic violence, criminal justice, LGBTQ+, and housing matters, including a successful claim against a landlord that resulted in significant housing repairs for her client. During law school, she also participated in Texas Law’s Environmental Clinic.

Meghan NewcomerOf Counsel

Meghan Newcomer is an accomplished litigator who focuses her practice on complex civil litigation, white-collar criminal defense, and government and internal investigations. Meghan competently navigates clients through complex commercial disputes in both state and federal court and in arbitration proceedings. She skillfully handles all phases of litigation, from managing broad discovery to drafting dispositive motions, always focused on achieving the best outcome for her clients. On the criminal side, Meghan has substantial trial experience defending individuals in white-collar criminal matters and has participated in multiple criminal trials in federal court. Meghan also has experience representing clients in high-stakes investigations by the US Department of Justice and the New York State Attorney General’s Office.

Menu

SDNY Blog

23 Civ. 05504

Judge Ho: Claims Arising From Freezing Oocytes Sound in Ordinary Negligence, Not Medical Malpractice

About Steptoe