The most significant Growing Generations lawsuit was a fraud and negligence case filed in 2020 by a Los Angeles couple, Adam Hochschuler and David Dahn, who alleged the surrogacy agency and its medical partners concealed their surrogate’s health problems, leading to the death of one twin and severe congenital complications for the surviving child. The case settled in August 2023 for approximately $4.05 million and was formally dismissed that October.1UniCourt. Adam Hochschuler et al v Growing Generations LLC et al
What the Couple Alleged
Hochschuler and Dahn filed suit on January 15, 2020, in Los Angeles County Superior Court, before Judge Theresa M. Traber. They brought claims for contractual fraud and professional negligence.1UniCourt. Adam Hochschuler et al v Growing Generations LLC et al
According to the complaint, the couple had retained Growing Generations and its associated providers to arrange a surrogacy with a surrogate meeting specific health criteria intended to maximize the chances of a successful pregnancy. They alleged the defendants instead hid the surrogate’s health complications and told them she was free of medical issues. The couple attributed the death of one twin and the premature birth of the surviving child, Austin Dahn, to that concealment. Austin was born with severe congenital health problems.1UniCourt. Adam Hochschuler et al v Growing Generations LLC et al
Who Was Sued
The lawsuit reached well beyond the agency. Growing Generations’ president Erica Horton was named individually, along with Lacey Locke and Jennifer Rae Thompson. Thompson’s medical and pregnancy history was central to the fraud claims, which strongly suggested she was the surrogate.1UniCourt. Adam Hochschuler et al v Growing Generations LLC et al
On the medical side, the plaintiffs named Dr. Bradford Kolb and Huntington Reproductive Center Medical Group, the fertility clinic involved in the pregnancy. CooperGenomics, a genetic testing company, was also a defendant.2Trellis Law. Separate Statement Filed by Huntington Reproductive Center Medical Group
Key Pretrial Rulings
Hochschuler and Dahn moved to amend their complaint to add a punitive damages claim against Dr. Kolb and Huntington Reproductive Center. In September 2022, Judge Traber denied the motion as untimely under the relevant procedural statute.1UniCourt. Adam Hochschuler et al v Growing Generations LLC et al That ruling limited any recovery against the medical providers to compensatory damages.
In April 2023, the claims against Jennifer Rae Thompson were dismissed without prejudice, dropping her from the active case while leaving open the theoretical possibility of refiling.1UniCourt. Adam Hochschuler et al v Growing Generations LLC et al
The Settlement
The case did not go to trial. On August 25, 2023, the court approved a petition to settle the disputed claim on behalf of the minor, Austin Dahn. Under the approved terms, Hochschuler and Dahn each received $607,500, and Austin Dahn received $2,835,000, for a total settlement of roughly $4.05 million. After fees and costs, the net amount paid to the minor was approximately $1.6 million.1UniCourt. Adam Hochschuler et al v Growing Generations LLC et al
On October 20, 2023, the plaintiffs filed for dismissal with prejudice of the entire action against all remaining defendants, formally closing the case.2Trellis Law. Separate Statement Filed by Huntington Reproductive Center Medical Group
An Earlier, Separate Case
A different lawsuit sometimes surfaces in searches and is unrelated to the surrogacy fraud claims. In April 2008, a former employee, Scott Glasgow, sued Growing Generations in the U.S. District Court for the Southern District of New York under Title VII of the Civil Rights Act, alleging unlawful employment practices. Individual defendants included co-founder and board chair Will Halm, CEO Stuart Miller, founder Gail Taylor, vice chair Dr. Kim Bergman, and Teo Martinez, along with a related entity, Fertility Futures LLC.3CourtListener. Glasgow v Growing Generations LLC
By November 2008, the parties reached an agreement, and Judge Jed S. Rakoff signed a stipulated order dismissing the case with prejudice and without costs to either side. The docket does not reveal the specific allegations or whether any payment was part of the resolution.3CourtListener. Glasgow v Growing Generations LLC