Egg Donor Antitrust Litigation

Summary of Case and Settlement:

Women who donate their eggs to assist with in-vitro fertilization are often compensated for the significant time, discomfort and risk associated with donation procedures. CCMS served as Co-Lead Counsel in a cutting edge antitrust case challenging the legality of ethical guidelines promulgated by two professional associations that limited the compensation members could pay to women who donated their eggs. Without the benefit of a parallel government case or investigation, CCMS achieved a groundbreaking settlement, approved on August 26, 2016, that requires defendants to eliminate the compensation caps and to refrain from imposing similar caps in the future. See Kamakahi v. Amer. Soc. for Reproductive Medicine, No. 11-1781, 2013 WL 1768706 (N.D. Cal. Mar. 29, 2013) (denying motion to dismiss); Kamakahi v. Amer. Soc. for Reproductive Medicine, 305 F.R.D. 164 (N.D. Cal. 2015) (granting class certification).

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