Health Care & Hospital Law
Aug. 9, 2023
Arbitration compelled in embryo dispute after fee-shifting is cut
The fact that American Arbitration Association “has subsequently requested the parties waive the fee-shifting provision to administer the dispute in accordance with its Consumer Rules, which defendants agreed to waive, does not ‘destroy’ the contract’s purpose of arbitrating disputes,” wrote Los Angeles Judge Jon R. Takasugi.
A couple who accused an in vitro fertilization clinic of implanting their embryo with a cancer gene were ordered into arbitration on Tuesday, despite their argument that the American Arbitration Association had refused to administer their claim.
The plaintiffs’ attorneys said that the arbitration agreement with the fertility clinic had a fee-shifting provision that the arbitration association would not work with. As well, the plaintiffs wo...
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