The Fertility Index

← Research · October 2026

Lawsuits, settlements, FDA letters: what's in your clinic's public file

One in four US IVF locations have a lawsuit, settlement or regulator action in public sources - and knowing which is which changes how you choose.

The number

164 of 621 clinic locations (26.4%) have at least one public record on file. 137 unique records in total - lawsuits, settlements, FDA actions, data breaches and state-board or attorney-general actions, each with its source.

Lawsuits lead the file

60 lawsuits and 8 class actions make up about half of all records. Add 24 settlements and court matters are two records in three. The rest are regulator actions: 18 FDA items, 5 data breaches, and 17 other state-board, AG or agency actions.

An allegation is not a finding

65 of the 137 records (47%) are allegations - claims in a filing, not proven facts. 45 records are confirmed outcomes (verified or regulator findings), 27 are settlements, and 5 lawsuits we track ended dismissed. We publish the label with every record, on every clinic page.

Recent years dominate - with a caveat

59% of dated records are from 2023 or later. Some of that is real growth in suits and regulator attention. Some is visibility: recent filings are far easier to find online than older ones. Read the rise as both.

Records by year, 2017-2026

77 of the 131 dated records are from 2023 on. Part growth, part visibility - recent filings are easier to find.

Source: The Fertility Index public-records check, October 2026 (621 US clinic locations; court dockets, FDA, state boards, AG actions, news archives). 137 unique records, 131 with a usable date; the same case attached to several network locations counts once. 2026 is a partial year.

thefertilityindex.com

What is in the file

Court matters - lawsuits, class actions, settlements, dismissals - are about two records in three.

Source: The Fertility Index public-records check, October 2026. 137 unique records. "Other regulator" = state medical board, attorney-general, CLIA and agency actions plus court rulings and verified news.

thefertilityindex.com

What "no record" means

455 of the 621 locations came back with no record in the sources we check. That is not a guarantee there are none. It means nothing surfaced in court dockets, FDA communications, state boards, AG actions or news archives we search. 42 more clinics had records that failed verification - wrong entity, duplicates, or a source we could not stand behind - and those were excluded rather than published.

Records follow the network

103 records attach to a single clinic location; 34 attach to a network or parent system - one embryology-lab lawsuit or data breach can land in the file of every location in the group. When a record belongs to the network, every affected location's page shows it, labeled as network-level.

How we got these numbers

Press: hello@thefertilityindex.com

Last updated: Oct 29, 2026