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Houston fertility clinic facing lawsuit over claims they used damaged and dead embryos during treatment

Five couples are suing Aspire Houston Fertility Institute.

HOUSTON — Five couples are suing Aspire Houston Fertility Institute after they claim the facility used damaged and dead embryos during treatment. 

Four of the couples want to remain anonymous, but one did speak about their experience Tuesday morning at a news conference alongside their legal team.

Nicole and Agustin are one of the five couples. The two started their IVF journey in February through Aspire Houston Fertility Institute at the Piney Point facility.

“We were able to successfully create 14 embryos, and man we were really excited,” said Nicole Alarcon.

The couple says three transfers were unsuccessful, one ending in a miscarriage. They said they didn’t know why until recently.

“We received a call from our doctor where he told us that there was some kind of lab issue earlier this year where our embryos were involved and were essentially destroyed,” said Alarcon. “And these were the same embryos that they were putting in us three separate times.”

Now the couple, along with four others, have filed a lawsuit.

“Aspire knew that they had a problem with their lab because pregnancy rates dropped to nearly zero,” said attorney Robert Marcereau. “Despite knowing of this problem, the spire continued to implant dead and dying embryos into patients for up to six months later.”

The Alarcons are heartbroken and disappointed.

“We did everything to save that amount, each time, like she said, we sold a car,” said Agustin Alarcon.  “A lot of savings, pretty much our life savings at this point.”

Attorneys are hoping this lawsuit will spark change.

“To make these industries regulated so that situations like this don't happen,” said attorney Michelle Hemesath.

KHOU 11 News called Aspire multiple times and when we finally got a hold of a person, they said they’ve been told that they are not able to discuss the lawsuit.

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