Well considering a very competent IVF doctor and embyologist have both said it was the delay and or a human error in the lab I am sure not convinced a jury would aggree that our loss is not actionable. Son is a very well paid competent litigator so guess I will demand a refund and then decide. Works in Houston. Seems no one has any nuts anymore against doctors. My wife is a nurse and her mother is a PHD nurse. They were both there the whole time. If you don't understand the mental process for a woman going through this process, and I assure you you don't, I would never have, then you will never understand... Thanks.

I am sorry my answer did not satisfy you. I think I do understand the facts. Your problem lies not in the facts, but in the law that applies to them.

An explanation of my answer is in order. Juries do not have the privilege of deciding what is "actionable." Juries judge only the facts. The judge is the judge of the law and has the duty to enforce it. What is "actionable" is a purely legal question for which the judge has exclusive responsibility. Accordingly, even if the jury renders a verdict in your favor, it is the judge who has the final say on whether or not and to what extent you win. If the law that applies to the facts says you win, then the judge renders judgment on the verdict accordingly. If the law that applies to the facts says you lose in spite of the verdict, then the judge renders judgment accordingly. I am very sorry to be the bearer of this unpleasant news.