Fairfax EggBank, Inc.

From: *** *** Date: Mon, Feb 1, at 2:PMSubject: *** complaint numberTo: "***@myRevdex.com.org" Hello,I'm writing this to let you know that the above numbered complaint has been satisfactorily resolved.I was unable to update that information through the website as the complaint had been closed since I hadn't responded within the allotted timeframe.Please update this information on behalf of *** and *** ***.Thank You,***

December 10, 2015Dear *** *** ***,Firstly, we apologize for the distress **and *** *** have experiencedWe take great care to ensure customer satisfaction and that important matters such as these are properly managed in a timely fashionWe have had several private conversations over
the past month with **& *** ***, their IVF clinic’s physician, and their embryologist, in an effort to address these concerns.While we do regretfully admit fault in the shipping process, there are two crucial factors to note, which are verifiable by the patient’s IVF clinic:The Cohort of eggs was shipped to the correct clinic, but to the wrong (satellite) office, located approximately one hour away; and Subsequently, the embryology team that received the shipment realized that it should have gone to the other location and forwarded it promptly; a practice they do regularly with expertiseThe shipment arrived at the correct office well within the time period that the shipping tank can maintain the required temperature, and arrived intact and cryopreserved with no evidence of mishandling or tampering.For these reasons, we, as well as the IVF clinic, believe the shipping oversight did not negatively impact the quality of the eggsThis can be substantiated by the embryologist’s documentation, which shows:Verification that the correct number of cryotops (which carry the eggs) were ultimately delivered to the correct clinic; and Proof that 100% of the frozen eggs identified by the embryologist successfully thawedHad the egg quality been compromised, then it would not have been possible to achieve this percentage rate.As we have discussed with the ***, the one issue that we cannot resolve is that while our records indicate that we shipped seven (7) eggs in total, the embryologist identified only five (5)Unrecovered eggs are a rare occurrence and it is not possible to unequivocally prove the source of errorThe potential reasons could be manyHuman eggs are single cells, and not visible without magnificationIt is possible that there was a technical error either during the freezing or during the thawing processesIn any event, since we cannot pinpoint the source of the discrepancy, we have offered **and *** *** financial compensation for the two (2) unaccounted eggs.We are aware that **and *** *** have requested a replacement of the entire Cohort since they believe the results met the condition of our Embryo Development guaranteeTo elaborate succinctly, if certain conditions are not met and the purchased Cohort does not result in at least one “good-quality embryo” from the warm eggs, we replace the Cohort with another one free of chargeThis guarantee is stipulated in the Terms of Use agreement (wording for the guarantee is attached) that all patients signA “good-quality” embryo is described as “a good-quality cell embryo on Day or an early-stage blastocyst if embryos are cultured out to Day 5.” In the case of **and *** ***, an early-stage blastocyst was achieved on Day 5, as the embryologist’s documentation showsThis early-stage blastocyst was used for IVF and a positive pregnancy test was achievedTherefore, because the Cohort met the guarantee terms, **and *** *** were not eligible for a replacement cohort.We understand the emotional and financial difficulties our intended parents often face, and strive to be as compassionate and fair as we can to help them through their journeyTherefore, in this situation we have been and still are willing to offer **and *** *** reasonable compensation for the two (2) unaccounted eggs.We thank you for your time to evaluate this matter.Sincerely,Linda G***, MBAVice President and General ManagerFairfax EggBank

Hello,
We are awaiting a final response from the patient's clinic, following our last correspondence to them on Monday, January 4th. Again, apologies for the delay, but there are multiple stakeholders involved in finalizing the resolution. of which several were unavailable during the holiday season. It is not our wish to prolong this process any more than necessary and are doing what we can to expedite the resolution. We do appreciate your patience.

Hello,We are awaiting a final response from the patient's clinic, following our last correspondence to them on Monday, January 4th. Again, apologies for the delay, but there are multiple stakeholders involved in finalizing the resolution. of which several were unavailable during the holiday season. It is not our wish to prolong this process any more than necessary and are doing what we can to expedite the resolution. We do appreciate your patience.

December 10, 2015
Dear [redacted],
Firstly, we apologize for the distress **. and [redacted] have experienced. We take great care to ensure customer satisfaction and that important matters such as these are properly managed in a timely fashion. We have had several private...

conversations over the past month with **. & [redacted], their IVF clinic’s physician, and their embryologist, in an effort to address these concerns.While we do regretfully admit fault in the shipping process, there are two crucial factors to note, which are verifiable by the patient’s IVF clinic:
1. The Cohort of eggs was shipped to the correct clinic, but to the wrong (satellite) office, located approximately one hour away; and
2. Subsequently, the embryology team that received the shipment realized that it should have gone to the other location and forwarded it promptly; a practice they do regularly with expertise. The shipment arrived at the correct office well within the time period that the shipping tank can maintain the required temperature, and arrived intact and cryopreserved with no evidence of mishandling or tampering.
For these reasons, we, as well as the IVF clinic, believe the shipping oversight did not negatively impact the quality of the eggs. This can be substantiated by the embryologist’s documentation, which shows:
1. Verification that the correct number of cryotops (which carry the eggs) were ultimately delivered to the correct clinic; and
2. Proof that 100% of the frozen eggs identified by the embryologist successfully thawed. Had the egg quality been compromised, then it would not have been possible to achieve this percentage rate.
As we have discussed with the [redacted], the one issue that we cannot resolve is that while our records indicate that we shipped seven (7) eggs in total, the embryologist identified only five (5).
Unrecovered eggs are a rare occurrence and it is not possible to unequivocally prove the source of error. The potential reasons could be many. Human eggs are single cells, and not visible without magnification. It is possible that there was a technical error either during the freezing or during the thawing processes. In any event, since we cannot pinpoint the source of the discrepancy, we have offered **. and [redacted] financial compensation for the two (2) unaccounted eggs.
We are aware that **. and [redacted] have requested a replacement of the entire Cohort since they believe the results met the condition of our Embryo Development guarantee. To elaborate succinctly, if certain conditions are not met and the purchased Cohort does not result in at least one “good-quality embryo” from the warm eggs, we replace the Cohort with another one free of charge. This guarantee is stipulated in the Terms of Use agreement (wording for the guarantee is attached) that all patients sign. A “good-quality” embryo is described as “a good-quality 6 cell embryo on Day 3 or an early-stage blastocyst if embryos are cultured out to Day 5.” In the case of **. and [redacted], an early-stage blastocyst was achieved on Day 5, as the embryologist’s documentation shows. This early-stage blastocyst was used for IVF and a positive pregnancy test was achieved. Therefore, because the Cohort met the guarantee terms, **. and [redacted] were not eligible for a replacement cohort.
We understand the emotional and financial difficulties our intended parents often face, and strive to be as compassionate and fair as we can to help them through their journey. Therefore, in this situation we have been and still are willing to offer **. and [redacted] reasonable compensation for the two (2) unaccounted eggs.
We thank you for your time to evaluate this matter.
Sincerely,
Linda G[redacted], MBA
Vice President and General Manager
Fairfax EggBank

November 21, 2014
Dear [redacted],
Firstly, we apologize for the distress this situation may have caused [redacted]. We take great care to ensure that important matters such as this are properly managed and although we approved a replacement cohort for her clinic, our...

response clearly did not succeed in meeting her expectations.The Fairfax Egg Bank has one of the most comprehensive, FDA-compliant, donor screening processes of any egg bank in the world and we are confident in the quality of our donors, the expertise of our scientists and the experience we have in freezing eggs.We recognize that embryo transfer success rates will vary based on a number of factors when dealing with human tissue. For this reason, our company guarantees that the warmed eggs from one full cohort will result in at least one good embryo for transfer or we will provide a replacement cohort to the affiliated clinic.
As we have discussed with [redacted] through private conversations, she and all of our customers meeting the guarantee criteria, as set forth in our Terms of Use Agreement, are welcome to proceed with another cycle using a cohort replacement. However, she advised us that she did not want to proceed with another cycle due to personal reasons.
We will honor our guarantee and provide [redacted] with a replacement cohort for a future cycle at one of our affiliated clinics. As a courtesy, we will reserve her preferred cohort for 1 full year with no storage fees to allow [redacted] time to decide her next steps. Our experienced donor egg coordinators are available to assist [redacted] at [redacted].
We strive to provide the best experience possible.
Sincerely,Linda G.
MBA Vice President and General Manager

Review: I purchased donor eggs from this company which were defective in quality and that all died in the laboratory. The company has refused to refund my money. I have spoken to the ceo of the company and he has refused to offer any refund.Desired Settlement: Full refund of $12,500

Business

Response:

November 21, 2014Dear [redacted],Firstly, we apologize for the distress this situation may have caused [redacted]. We take great care to ensure that important matters such as this are properly managed and although we approved a replacement cohort for her clinic, our response clearly did not succeed in meeting her expectations.The Fairfax Egg Bank has one of the most comprehensive, FDA-compliant, donor screening processes of any egg bank in the world and we are confident in the quality of our donors, the expertise of our scientists and the experience we have in freezing eggs.We recognize that embryo transfer success rates will vary based on a number of factors when dealing with human tissue. For this reason, our company guarantees that the warmed eggs from one full cohort will result in at least one good embryo for transfer or we will provide a replacement cohort to the affiliated clinic.As we have discussed with [redacted] through private conversations, she and all of our customers meeting the guarantee criteria, as set forth in our Terms of Use Agreement, are welcome to proceed with another cycle using a cohort replacement. However, she advised us that she did not want to proceed with another cycle due to personal reasons.We will honor our guarantee and provide [redacted] with a replacement cohort for a future cycle at one of our affiliated clinics. As a courtesy, we will reserve her preferred cohort for 1 full year with no storage fees to allow [redacted] time to decide her next steps. Our experienced donor egg coordinators are available to assist [redacted] at [redacted].We strive to provide the best experience possible.Sincerely,Linda G.MBA Vice President and General Manager