No class action has been filed against Kindbody as of mid-2026, but several law firms are actively investigating potential claims on behalf of patients whose embryos were lost, mislabeled, or destroyed, and patients who were pushed into treatments they did not need. If you are searching for a Kindbody lawsuit to join, the honest answer is that formal litigation is still at the investigation stage; the one case actually filed in court involving Kindbody was a defamation suit in which Kindbody was the defendant, and it was dismissed in August 2025.
Which Law Firms Are Investigating Kindbody
Two firms have publicly opened investigations and are seeking to hear from affected patients.
Ahdoot & Wolfson, PC is investigating on behalf of individuals whose embryos were allegedly maintained improperly, lost, or destroyed by Kindbody.1Girard Sharp. Current Investigations
Girard Sharp is investigating reports that Kindbody upsold unnecessary treatments, lost embryos, conducted embryo mix-ups, and maintained substandard laboratory practices including improper storage and equipment malfunctions.1Girard Sharp. Current Investigations
Neither firm has announced a filed complaint. An investigation is the stage before a lawsuit: firms collect accounts from potential plaintiffs, evaluate whether the facts support a viable claim, and decide whether to file individually or as a class. If your experience matches the categories above, contacting one of these firms is how you get in front of counsel who is already looking at Kindbody.
The Clinical Allegations Behind the Investigations
The investigations grew out of reporting by Bloomberg beginning in October 2023, which drew on interviews with roughly three dozen current and former employees and patients and documented accidental embryo destruction, mislabeled embryos, and clinics with faulty HVAC systems.2STAT News. Egg Embryo Storage Fertility Clinic Failure
Specific incidents documented in the reporting include:
- A 39-year-old patient at a clinic near Atlanta learned in March 2023 that her final stored embryo had been mislabeled, so the clinic could not confirm the embryo was hers. The couple had spent more than $30,000 on treatment. Kindbody offered a free IVF cycle, which was unsuccessful.3Yahoo Finance. Embryo Mix-Ups Flooded Clinics4Bloomberg. Kindbody Fertility Clinic Embryo Errors Spotlight IVF Business Risks
- Three separate embryo incidents at the Bryant Park clinic in New York in 2021: an unplanned defrosting that led to a failed procedure, an embryo dropped on the floor, and an embryo damaged after being left at room temperature.3Yahoo Finance. Embryo Mix-Ups Flooded Clinics
- A frozen embryo that went missing from its storage tank at a Chicago clinic in November 2022 and was located later the same day, with no explanation given to staff.3Yahoo Finance. Embryo Mix-Ups Flooded Clinics
- A flood from the building above that leaked water into the Santa Monica clinic’s lab, and an HVAC-related ceiling collapse above the nursing station in Atlanta.3Yahoo Finance. Embryo Mix-Ups Flooded Clinics
Kindbody acknowledged mislabeling in at least one case but maintained that its average incident rate across all clinics was 0.2%, which the company said was “similar to other leading US programs.”5Fertility Bridge. Kindbody Bloomberg Articles Jackie Davalos
A December 2023 Bloomberg follow-up reported that Kindbody executives had instructed reproductive endocrinologists during a company retreat to increase IVF volumes by 12 egg retrievals per month. Several physicians called the target “unreasonable” and said they feared it could lead to pushing IVF on women who did not need it. Kindbody said tying physician targets to compensation and revenue was “industry standard.”5Fertility Bridge. Kindbody Bloomberg Articles Jackie Davalos Former employees described understaffed labs, high embryologist turnover, and insufficient training for new hires, and said the company discouraged transparency about mistakes.2STAT News. Egg Embryo Storage Fertility Clinic Failure
Billing Complaints Are a Separate Track
Patients arriving here because of billing problems rather than clinical harm are dealing with a distinct set of complaints, and no law firm has publicly announced an investigation focused on billing.
The Better Business Bureau lists 39 complaints against Kindbody over three years, 22 of them unanswered by the company. The BBB gives Kindbody an F rating, and Kindbody is not BBB accredited.6BBB. Kindbody Complaints
Patient reviews describe unexpected bills for thousands of dollars covering services that had already been paid for, were canceled, or occurred more than a year earlier. Bills were often not itemized and did not match patient portal balances. One patient reported being billed for embryo storage despite never having frozen embryos. Others reported a 50% storage fee increase without explanation, unresolved insurance discrepancies even after three-way calls with insurers, and refund delays of six to eleven months. Patients also said there was no direct phone line to billing and that the clinic closed inquiry threads as “resolved” without addressing the issue.7Ovu. Kindbody Santa Monica Reviews
The One Lawsuit Actually Filed
The only litigation involving Kindbody that has reached a court docket, based on available reporting, is not a patient claim. In June 2025, American Infertility of New York, P.C. (operating as the Center for Human Reproduction) and Dr. Norbert Gleicher sued Kindbody, Inc., KBI Services, Inc., and Empire Medical Practice, P.C. in the U.S. District Court for the Southern District of New York. The complaint alleged defamation per se, trade libel, deceptive business practices and false advertising under New York law, and tortious interference with prospective business relations.8Trellis Law. American Infertility of New York v. Kindbody, Inc. et al Complaint
The plaintiffs sought a preliminary injunction, citing what they called defamatory communications by Kindbody. After Kindbody’s representatives agreed to issue retraction correspondence, the injunction motion was denied without prejudice. The case was voluntarily dismissed without prejudice on August 24, 2025, suggesting the parties reached some form of resolution outside court.9CourtListener. American Infertility of New York, P.C. v. Kindbody, Inc. This case does not create a class or claims process for patients.
Why Patient Claims Have To Go Through Private Litigation
The regulatory framework covering fertility clinics is narrow. The FDA regulates treatments involving human cells and tissues but exempts fertility clinics from those requirements.2STAT News. Egg Embryo Storage Fertility Clinic Failure Cryopreservation tanks are classified as Class II medical devices, which do not require premarket approval, and there is no federal mandate to report errors or accidents involving cryopreserved specimens.10National Library of Medicine. Lawsuits Concerning Lost or Destroyed Embryos No federal or state regulatory body has been reported to have taken direct enforcement action against Kindbody.
Because of that gap, patients who want relief generally have to bring civil claims. A 10-year review of 133 lawsuits over lost or destroyed embryos found that 88 of 90 resolved cases were settled out of court, and the most successful legal theories were breach of contract, bailment, and negligence rather than traditional medical malpractice.10National Library of Medicine. Lawsuits Concerning Lost or Destroyed Embryos That pattern matters for anyone considering a claim against Kindbody: settlements are the norm, and the strongest arguments tend to be about the contract to store your embryos and the duty to keep them safe, not about medical judgment during a procedure.
Congressional Attention
In June 2024, five U.S. Senators — Bill Cassidy, James Lankford, Roger Marshall, Tommy Tuberville, and Markwayne Mullin — sent a letter to the Department of Health and Human Services Office of Inspector General citing the Kindbody reporting. The senators requested audits of safety standards at fertility clinics and of the quality of data the CDC collects on assisted reproductive technology procedures, along with an evaluation of existing ART clinic oversight to guide potential legislation.11U.S. Senate HELP Committee. Letter to HHS OIG Regarding IVF No public response from HHS OIG has been reported.
What To Do If You Were Affected
If your embryos were lost, mislabeled, damaged, or destroyed at a Kindbody clinic, or if you believe you were pushed into IVF cycles you did not need, contact Ahdoot & Wolfson or Girard Sharp; both firms are actively taking accounts from Kindbody patients. Request your complete medical records from Kindbody in writing. If you have a billing dispute, keep every itemized statement, portal screenshot, insurance explanation of benefits, and message thread; these are the documents that support a breach-of-contract theory if litigation eventually consolidates.