throbber
RETURN DATE: APRIL 2, 2024
`
`: SUPERIOR COURT
`
`KYLE SMITH & KARLEY KEATING
`
`: JD. OF NORWALK/STAMFORD
`
`V.
`
`REPRODUCTIVE MEDICINE ASSOCIATES
`OF CONNECTICUT,P.C., ILLUME
`FERTILITY, PLLC, SPENCER RICHLIN
`
`: AT STAMFORD
`
`: MARCH 1, 2024
`
`COMPLAINT
`
`I. RELEVANT FACTUAL ALLEGATIONS
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`1.
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`2:
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`3,
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`Atall times relevant to this complaint, Plaintiff, KYLE SMITH,(Hereinafter “KYLE”) was a
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`resident of the City of Norwalk, in the County of Fairfield, and the State of Connecticut.
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`At all times relevant to this complaint, Plaintiff,KARLEY SMITH,wasa resident of the City
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`of Norwalk, in the County of Fairfield, and the State of Connecticut.
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`Atall times relevant to this complaint the Defendant, REPRODUCTIVE MEDICINE
`
`ASSOCIATES OF CONNECTCIUT,P.C. (RMA) was a Professional Corporation formed
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`underthe laws of the State of Connecticut for the purpose of providinginfertility services
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`including, but notlimited to assisted reproductive technologies including, but not limited to:
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`intrauterine insemination,in-vitro fertilization, pre-implantation genetic screening, and the
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`secure cryopreservation and storage of reproductive materials, such as human sperm and
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`eggs.
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`

`

`At all times relevant to this complaint the Defendant, ILLUME FERTILITY, PLLC
`
`(ILLUME)was a Professional Corporation formed under the lawsofthe State of
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`Connecticut for the purpose of providinginfertility services including, but not limited to
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`assisted reproductive technologies including, but notlimited to: intrauterine insemination,in-
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`vitro fertilization, pre-implantation genetic screening, and the secure cryopreservation and
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`storage of reproductive materials, such as human sperm and eggs.
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`At all times relevant to this complaint the Defendant, SPENCER S. RICHLIN, MD
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`(“RICHLIN”) was a board-certified reproductive endocrinologist and the Surgical Director of
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`the Defendants, RMA and/or ILLUME,overseeing the cryopreservation of human
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`reproductive materials.
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`At all times relevant to this complaint, Defendant, RICHLIN,was a partner, manager,
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`director, and/or owner of Defendants, RMA and/or ILLUME.
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`In or about August of 2018, Plaintiff, KYLE was diagnosed withtesticular cancerafter
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`presenting to the Stamford Hospital Emergency Room forpain in his groin.
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`Stamford Emergency personnel advised Plaintiff, KYLE, to consult with a urologist.
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`In early SeptemberPlaintiff, KYLE, presentedto a urologist, Dr. Batter, who advised
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`Plaintiff, KYLE, that they would have to remove theaffected testicle, and that following
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`same they would know more aboutthe degree of his cancer.
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`On September 19, 2018, Plaintiffs, KYLE and KARLEY were married.
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`In or about October of 2018, Dr. Batter removed theaffected testicle from Plaintiff,KYLE.
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`10.
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`11.
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`

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`12.
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`Followingthe surgery, Plaintiff,KYLE, learned from Dr. Batter that the cancer had spread
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`beyondtheinitially affected, and now removedtesticle, to the chord, and Plainuff, KYLE,
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`was advised to meet with an oncologist.
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`13.
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`In or about October of 2018 Plaintiff,KYLE, met with an oncologist, Dr. Frank, who
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`advised thatthe testicular cancer had spreadto his cord, abdomen,and lungs.
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`14.
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`Dr. Frank inquired of Plaintiff, KYLE,if he had children and/or if he wanted to have
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`children in the future.
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`15.
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`Plaintiff,KYLE, responded that he did notyet have children, and having just been married,
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`wantedto start a family with his new wife.
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`16.
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`Dr. Frank explained that, due to the amount of chemotherapy that would be performed as
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`treatment for the cancer, that Plaintiff,KYLE, should preserve sperm/semen cryogenically,
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`for future attempts at pregnancy with his wife.
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`17.
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`PlaintiffsKYLE and KARLEYresearched reproductive facilities in the area which could
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`offer the necessary retrieval, cryogenic freezing, storage, and ultimate fertility treatments that
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`would be required to obtain a successful pregnancy, and decided that Defendants, RMA
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`and/or ILLUMEwerethe best option for them given their geographic location, and other
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`considerations.
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`18.
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`Plaintiff,KYLE, made an appointment to meet with a technician who was an agent,
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`employee and/or assign of Defendants, RMA and/or ILLUME,to obtain a tourof the
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`

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`facilities within which Plaintiff,KYLE’S sperm/semen would be cryogenically preserved, and
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`met with same in late October of 2018.
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`19.
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`In early Novemberof 2018, Plaintiff, KYLE,returned to Defendants, RMA and/or
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`ILLUME’S, Norwalk facility to give his first sample of sperm/semen for cryopreservation to
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`a technician, employee, agent, and/or assign of Defendants, RMA and/or ILLUME.
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`20.
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`Later on November 14, 2018 Plaintiff,KYLE, went to Defendants, RMA and/or ILLUME’S
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`Norwalk, CT facility and executed a “Consent for Cryopreservation and/or storage of Semen,
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`Epididymal, and/or Testicular Tissue;” and on same date KYLE gave his second sample to a
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`technician, employee, agent, and/or assign of Defendants, RMA and/or ILLUME;for
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`cryopreservation by Defendants, RMA and/or ILLUME.
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`21.
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`Plaintiff KYLE,successfully, deposited fourteen (14) “vials” of healthy sperm with
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`Defendants, RMA and/or ILLUME, and made know to Defendant(s), RMA and/or
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`ILLUME,that he wasutilizing their services due to his upcoming chemotherapyfor testicular
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`cancer.
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`22.
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`Pursuant to the November 14, 2018 “Consent for Cryopreservation and/or Storage...”
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`agreement, Plaintiff,KYLE,receivedthefirst three (3) months of storage for free, and then
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`paid fifty and 00/100 dollars ($50.00) per month for storage of his sperm/semen to
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`Defendants, RMA and/or ILLUME.
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`

`

`23,
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`In April 2019 Plaintiff,KYLE, had his sperm retested following his chemotherapy treatments
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`and learned that he was rendered permanently infertile as a result of the chemotherapy
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`treatments.
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`2.4
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`In August of 2019,Plaintiffs, KYLE and KARLEY,returned from their honeymoonto
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`begin attempting to get pregnantfrom the cryopreserved sperm/semen being stored by
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`Defendants, RMA and/or ILLUME,having explained to Defendants that Plaintiff,KYLE,
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`was renderedinfertile as a result of his chemotherapytreatments. and Plaintiff,KARLEY,
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`began testing to start attemptingfertility treatments.
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`25:
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`In August 2019, Plaintiff,KARLEY begantesting for fertility treatments by Defendant(s),
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`RMA and/or ILLUME,andsaid testing uncovered the existence of a tumor within her ovary,
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`which requited subsequent removal and treatments by a specialist.
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`26.
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`Following the removal of Plaintiff,KARLEY’S,ovary, and all necessary treatments, Plaintiffs
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`KARLEYand KYLEpresented to Defendants, RMA and/or ILLUME,to continue attempts
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`at using the sperm/semen ofPlaintiff, KYLE,currently being stored at Defendants, RMA
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`and/or ILLUME.
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`27.
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`Unfortunately, as a result of the onset of the COVID-19 pandemic, Defendants, RMA
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`and/or ILLUME,would not work with anyone who wasnotalready “pregnant,” so the
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`Plaintiffs,KYLE and KARLEY,had to wait to undergofertility treatments in the effort to
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`becomepregnant until such time as the pandemic guidelines had relaxed.
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`

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`28.
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`In late April of 2020, PlaintiffsKYLE and KARLEY,returned to Defendants, RMA and/or
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`ILLUME,and began the necessary procedures for assistive reproductive technologies,
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`includingin-vitro fertilization, utilizing a portion of the cryopreserved sperm/semen from the
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`Plaintiff,KYLE’S, November 2018 donations.
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`29.
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`In July of 2021, following the necessary treatments, and using the cryopreserved
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`sperm/semen from Plaintiff,KYLE’S, pre-chemotherapy donations,Plaintiff,KARLEY was
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`successfully implanted with two (2) embryos, by Defendants, RMA and/or ILLUME,both of
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`which embryos successfully matured into, and resulted in, a healthy pregnancy with twins for
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`Plaintiffs, KARLEY and KYLE.
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`30.
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`Following the successful in-vitro fertilization in July 2021 by Defendants, RMA and/or
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`ILLUME,Plaintiff, KYLE,still had eight(8) vials of healthy sperm/semenin storage with
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`Defendants, RMA and/or ILLUME,for which Plaintiffs,KYLE and KARLEY continued to
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`pay the contractually agreed-upon monthly storage fees during the duration of the pregnancy.
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`31.
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`Plaintiff,KARLEY,successfully delivered healthy twins on April 22, 2022, without notable
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`complication, making Plaintiffs,KYLE and KARLEY,parents oftheir first children.
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`32.
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`Plaintiffs,KYLE and KARLEY,hadpreviously expressed their desire(s) and intention(s) to
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`continue having children beyond the twins to members, employees, agents, and/or assigns of
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`Defendants, RMA and/or ILLUME,including, but not limited to Defendant, RICHLIN,
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`during the aforementioned pregnancy.
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`

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`33.
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`Theintention of Plaintiffs, KYLE and KARLEY,to continue conceiving and having children
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`beyondthe twins was also evidenced by the Plaintiffs’ continued paymentof the contractually
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`mandated storage fees for the remaining eight (8) vials of pre-chemotherapy sperm/semen
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`being cryogenically preserved and/or stored by Defendants, RMA and/or ILLUME.
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`34.
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`On May 22, 2022 Plaintiff,KYLE,received a voicemail on his phone from Defendant,
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`RICHLIN,explaining that Defendants, RMA and/or ILLUME,haddestroyed the remaining
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`healthy, viable, pre-chemotherapy sperm/semen from Plaintiff,KYLE, in March of 2022;
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`resulting in the termination of any chanceof Plaintiffs,KYLE and KARLEY,ever
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`conceiving, carrying, delivering, rearing, or raising any additional children which would be
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`genetically related to Plaintiffs, or their exiting twins.
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`35.
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`Defendant, RICHLIN,sent the Plaintiffs an unsolicited, and unwelcomeletter, dated May 31,
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`2022, enclosing a check for one-thousand-three-hundred-eight-seven and 00/100 DOLLARS
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`($1,387.00) andstating that same was being provided as a “refundfor all andrology servicesat
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`RMA of Connecticut.”
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`36.
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`The unsolicited May 31, 2022letter and check purported to be pursuant to a conversation
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`between Plaintiff, KYLE and Defendant, RICHLIN,in which Defendant, RICHLIN was
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`offering Plaintiffs a refund for all the monthly storage fees for the pre-chemotherapy, healthy
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`sperm/semen ofPlaintiff, KYLE,that had been paid to Defendants, RMA and/or ILLUME.
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`Bs
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`Plaintiffs,KYLE and KARLEY,never deposited the unsolicited May 31, 2022 check, and
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`never received an independentrefundfor the storage fees paid to Defendants, RMA and/or
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`

`

`ILLUME,for the months of March 2022 and April 2022, when the Defendants, RMA
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`and/or ILLUME,had destroyed the Plaintiff, KYLE’S,healthy, pre-chemotherapy
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`sperm/semen, without Plaintiff,KYLE’S, consent or knowledge, and PlaintiffsKYLE and
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`KARLEYhad continued to pay Defendants, RMA and/or ILLUME,the contractual
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`monthly storage fee, despite Defendants, RMA and/or ILLUME,havingalready destroyed
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`the subjectofsaid storage fee.
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`II]. PLAINTIFFS, KYLE SMITH’S, CLAIMS OF DAMAGES
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`38.
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`Plaintiff, KYLE, has experienced severe, constant and permanent damagessince learning
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`that the healthy, pre-chemotherapy sperm was destroyed by Defendants, RMA and/or
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`ILLUME,without his knowledge or consent.
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`39.
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`Plaintiff,KYLE, continues to experience severe, constant, and permanent damages as a
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`result of the terminationofhis ability to father any future children due to the destruction of
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`his healthy, pre-chemotherapy sperm/semen by Defendants, RMA and/or ILLUME,
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`without his knowledge, consent or permission, from Defendants, RMA and/or ILLUME’S,
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`storage/cryopreservationfacility, and the manner in which he was informed of same by
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`Defendant, RICHLIN.
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`40.
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`Plaintiff, KYLE,will continue to experience severe, constant, and permanent damages as a
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`result of the termination of his ability to father any future children due to the destruction of
`
`his healthy, pre-chemotherapy sperm/semen by Defendants, RMA and/or ILLUME,
`
`withouthis knowledge, consentor permission, from Defendants, RMA and/or ILLUME’S,
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`

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`storage cryopreservation facility, and the manner in which he was informed of same by
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`Defendant, RICHLIN.
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`41.
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`As a direct and proximate cause of the acts and/or omissions of the Defendants, RMA,
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`ILLUMEand RICHLIN,Plaintiff, KYLE,has experienced the following serious, painful
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`and permanentinjuries and/or conditions, someorall of which may be permanentin nature:
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`a. Severe depression, with feelings of hopelessness, sadness, diminished purposein life and
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`a decreased interest in the future and outlook onlife;
`
`b
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`Severe anxiety, resulting in a decreasein social activities, interpersonal relationships, and
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`self-esteem;
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`c. Mental anguish and suffering resulting in sleeplessness, nightmares, and exhaustion; and
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`d. Severe emotional distress, resulting in feelings of isolation, inadequacy, and decreased
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`self-worth.
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`42.
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`As a result of the aforementioned conduct by the Defendants, Plaintiff,KYLE, has
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`experienceda loss of the enjoymentoflife’s activities andis likely to experience a loss of
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`enjoymentoflife’s future activities.
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`43.
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`As a further result of the aforementioned conduct by the Defendants, Plainuff, KYLE, has
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`expendedlarge sums of money seeking medical care, andwill likely incur additional expenses
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`for future medical care.
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`

`

`44,
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`Asa further result of the aforementioned conduct by the Defendants, Plaintuff, KYLE, has
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`experienced the interruption and termination ofhis life’s goals, and will never be able to
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`attempt to achieve those goals again.
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`45.
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`As a further result of the aforementioned conduct by the Defendants, Plaintiff,KYLE, has
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`experienced a decreasein the activities in which he engages andis likely to experience a
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`decrease in the activities in which he can/will engage in the future.
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`PLAINTIFFS,KARLEY KEATING’S, CLAIMS OF DAMAGES
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`46.
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`Plaintiff, KARLEY,has experienced severe, constant and permanent damagessince learning
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`that the healthy, pre-chemotherapy sperm was destroyed by Defendants, RMA and/or
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`ILLUME,withouthis knowledge or consent.
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`47.
`
`Plaintiff,KARLEY, continues to experience severe, constant, and permanent damages as a
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`result of the termination of herability to conceive any future children genetically-related to
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`her husbandor existing children, due to the destruction ofthe healthy, pre-chemotherapy
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`sperm/semen by Defendants, RMA and/or ILLUME,without her knowledge, consent or
`
`permission, from Defendants, RMA and/or ILLUME’S,storage/cryopreservationfacility,
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`and the manner in which she was informed of same by Defendant, RICHLIN.
`
`48.
`
`Plaintiff, KARLEY,will continue to experience severe, constant, and permanent damagesas
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`a result of the termination ofher ability to conceive any future children genetically-related to
`
`her husbandorexisting children, due to the destruction of the healthy, pre-chemotherapy
`
`sperm/semen by Defendants, RMA and/or ILLUME,without her knowledge, consent or
`
`10
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`

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`permission, from Defendants, RMA and/or ILLUME’S,storage cryopreservation facility,
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`and the manner in which she was informed of same by Defendant, RICHLIN.
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`49.
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`As a direct and proximate cause of the acts and/or omissions of the Defendants, RMA,
`
`ILLUMEand RICHLIN,Plaintiff,KARLEY, has experienced the following serious, painful
`
`and permanentinjuries and/or conditions, someorall of which may be permanentin nature:
`
`a. Severe depression, with feelings of hopelessness, sadness, diminished purposein life and
`
`a decreased interest in the future and outlook onlife;
`
`b
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`Severe anxiety, resulting in a decrease in social activities, interpersonalrelationships, and
`
`self-esteem;
`
`c. Mental anguish and suffering resulting in sleeplessness, nightmares, and exhaustion; and
`
`d. Severe emotionaldistress, resulting in feelings of isolation, inadequacy, and decreased
`
`self-worth.
`
`Asaresult of the aforementioned conduct by the Defendants, Plaintiff,KARLEY, has
`50.
`
`experiencedaloss of the enjoymentoflife’s activities andis likely to experience a loss of
`
`enjoymentoflife’s future activities.
`
`51
`
`As a further result of the aforementioned conduct by the Defendants, Plaintiff,KARLEY,
`
`has expendedlarge sums of money seeking medical care, and will likely incur additional
`
`expenses for future medicalcare.
`
`11
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`

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`52.
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`As a further result of the aforementioned conduct by the Defendants,Plaintiff,KARLEY,
`
`has experiencedthe interruption and termination ofherlife’s goals, and will never be able to
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`attemptto achieve those goals again.
`
`53.
`
`As a further result of the aforementioned conduct by the Defendants, Plaintiff,KARLEY,
`
`has experienced a decrease in theactivities in which she engagesandis likely to experience a
`
`decrease in the activities in which she can/will engage in the future.
`
`COUNT ONE: KYLE SMITHv. Defendants REPRODUCTIVE MEDICINE
`ASSOCIATES OF CONNECTICUT, P.C. and/or ILLUME FERTILITY PLLC - Breach
`of Contract
`
`1-37.
`
`Paragraphsone(1) through thirty-six (36), inclusive, of the Relevant Factual Allegationsare
`
`hereby re-alleged as paragraphs one (1) through thirty-six (36), inclusive of this, the First
`
`Count,as if fully set forth herein.
`
`38.
`
`A valid contract was formed between the Plaintiff, KYLE, and the Defendant(s) RMA
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`and/or ILLUME,on or about July 14, 2018, when the Plaintiff paid monetary consideration
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`in exchange for the Defendant(s) storing and maintainingthe Plaintiffs healthy, pre-
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`chemotherapy sperm and/or semenfor future use in child conceiving attempts through
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`Advanced Reproductive Technologies (ART).
`
`39.
`
`The aforementionedvalid contract existed at all relevant times herein, as the Defendant(s),
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`RMA and/or ILLUME,were performing cryopreservation andstorge ofthe Plaintiff,
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`KYLE'S,healthy, pre-chemotherapy, sperm and/or semen in exchange for monetary
`
`12
`
`

`

`consideration from the Plaintiff,KYLE,until the Defendant(s), RMA and/or ILLUME
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`destroyed said sperm and/or semen without the knowledge, consent, and/or permission of
`
`the Plaintiff,KYLE.
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`40.
`
`Defendant(s), RMA and/or ILLUME,breached the aforementioned contract, when they
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`destroyed, discarded, or otherwise intentionally disposed ofall the healthy, pre-
`
`chemotherapy sperm and/or semen from the Plaintiff,KYLE, in March of 2022, without
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`the knowledge, consent, permission, or any other existing authority to doso.
`
`41.
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`Defendant(s), RMA and/or ILLUME,further breached the aforementioned contract when
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`they destroyed, discarded, or otherwise intentionally disposedofall the healthy, pre-
`
`chemotherapy sperm and/or semen from the Plaintiff,KYLE, in March of 2022, against the
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`terms of Defendant(s)’ “Consent for Cryopreservation and/or Storage of Semen,
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`Epididymal and/or Testicular” Agreement, and in contravention ofthe Plaintiff,KYLE’S,
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`express wishes and desires.
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`42.
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`The Plaintiff,KYLE, performed completely under the terms of the aforementioned
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`contract, when he gave the Defendant(s), RMA and/or ILLUME,monetary consideration as
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`required and requested by the contract and/or Defendants, for the continued
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`cryopreservation and storage of his pre-chemotherapy, healthy sperm and/or semen.
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`43,
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`Plaintiff,KYLE, continued to perform after the breach by Defendant(s), RMA and/or
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`ILLUME,of the aforementioned contract, due to the Defendant(s)’ failure to alert the
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`Plaintiff, KYLE,of the destruction, discarding or otherwise intentional disposalofhis
`
`13
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`

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`healthy, pre-chemotherapy sperm and/or semen for multiple increments of time which
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`required performance bythe Plaintiff,KYLE, under the aforementioned contract.
`
`44-51. Paragraphs thirty-eight (38) through forty-five (45), inclusive, of the Plaintiff,KYLE’S,
`
`Claims of Damagesare hereby re-alleged as paragraphs forty-four (49) throughfifty-one
`
`(51), inclusive of this, The First Count,as if fully set forth herein.
`
`52.
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`Defendant(s), RMA, and/or ILLUME,are responsible for the acts and/or omissions of
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`their agents, assigns, employees, contractors and/or consultants, under the theory of
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`respondeat superior.
`
`COUNT TWO: KYLE SMITHv. Defendants REPRODUCTIVE MEDICINE
`ASSOCIATES OF CONNECTICUT,P.C. and/or ILLUME FERTILITY PLLC —
`Negligence
`
`1-37.
`
`Paragraphs one(1) through thirty-seven (37), inclusive, of the Relevant Factual Allegations
`
`ate hereby re-alleged as paragraphs one (1) through thirty-seven (37), inclusive of this, the
`
`Second Count,as if fully set forth herein.
`
`38.
`
`Defendant(s), RMA and/or ILLUME,assumeda duty to the Plaintiff,KYLE,to exercise
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`reasonable care in the maintenance, care, and continuedstorage ofthe Plaintiff, KYLE’S,
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`pte-chemotherapy, healthy sperm and/or semen when Defendant(s) voluntarily took
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`possession of same, and owedthe Plaintiff, KYLE, said duty atall relevant times herein.
`
`39.
`
`Defendant(s), RMA and/or ILLUME,intentionally disposed of the cryopreserved sperm
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`and/or semen belonging to the Plaintiff,KYLE, in March 2022 underthe mistaken belief
`
`

`

`that same sperm/semen belonged to another customer,client, patron and/or beneficiary of
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`the Defendant(s), RMA and/or ILLUME’S,cryopreservation and storage services.
`
`40.
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`Defendant(s), RMA, and/or ILLUME’S, negligence was a direct and proximate cause of the
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`Plaintiff,KYLE’Sserious, painful and permanent injuries and other damagesset forth herein
`
`sustained by the Plaintiff,KYLE,in one or more of the following ways:
`
`a. In that they permanently destroyed, discarded, or otherwise disposed of the last remaining
`
`healthy, prechemotherapy sperm and/or semen of the Plaintiff,KYLE, withouttaking
`
`ptior precautions to ensure the Defendant(s) knew thecorrect identity of the donor of
`
`ctyopreserved and stored sperm and/or semento be destroyed, discarded, or otherwise
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`disposed of;
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`b. In that they failed to properly label, monitor, track, or otherwise monitor the Plaintiff,
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`KYLE'S,healthy, pre-chemotherapy sperm and/or semen while it was in their
`
`possession;
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`c. In that they permanently destroyed, discarded, or otherwise disposed of the last remaining
`
`healthy, prechemotherapy sperm and/or semen of the Plaintiff,KYLE, without
`
`confirming the identity of the donor of same sperm and/or semen;
`
`d. In that they permanently destroyed, discarded or otherwise disposed ofthe last remaining
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`healthy, prechemotherapy sperm and/or semen ofthe Plaintiff,KYLE, without
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`consulting with the Plaintiff,KYLE,prior to destroying, discarding, or otherwise
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`disposing of same sperm and/or semen;
`
`15
`
`

`

`e. In that they failed to take reasonable precautionsto ensure the identity of the donor of
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`any particular sample(s) of cryopreserved and/or stored sperm and/or semen in their
`
`possession; and
`
`f.
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`In that they failed to take reasonable steps to ensure the continued and/or constant
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`preservation of cryopreserved and/or stored sperm and/or semen within their
`
`possession.
`
`41,
`
`As a direct and proximate result of the negligence and carelessness of the Defendant(s),
`
`RMA and/or ILLUME,the Plaintiff,KYLE,suffered serious, severe, and permanent
`
`injuries as hereinafter set forth.
`
`42-49.
`
`Paragraphsthirty-eight (38) through forty-five (45), inclusive, of the Plaintiff,KYLE’S,
`
`Claims of Damagesare hereby re-alleged as paragraphs forty-two (42) through forty-nine
`
`(49), inclusive of this, The Second Count,asif fully set forth herein.
`
`50.
`
`Asa result of the negligence and carelessness of the Defendant(s), RMA and/or ILLUME,
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`Plaintiff,KYLE,has incurred significant medical expenses, and will continueto incur such
`
`expenses in the future.
`
`51.
`
`Asa result of the negligence and carelessness of the Defendant(s), RMA and/or ILLUME,
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`Plaintiff, KYLE’S, capacity to enjoy and participatein life’s daily activities has been
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`significantly and permanently diminished and/or extinguished.
`
`COUNT THREE: KYLE SMITHv. Defendants REPRODUCTIVE MEDICINE
`ASSOCIATES OF CONNECTICUT,P.C. and/or ILLUME FERTILITY PLLC —
`NegligentInfliction of Emotional Distress
`
`16
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`

`

`1-37.
`
`Paragraphs one (1) through thirty-seven (37), inclusive, of the Relevant Factual Allegations
`
`ate hereby re-alleged as paragraphs one (37) through thirty-seven (37), inclusive of this, the
`
`Third Count, as if fully set forth herein.
`
`38.
`
`Asa result of the aforementioned destruction of the Plaintiff,KYLE’S, healthy, pre-
`
`chemotherapy, sperm and/or semen in March 2022,the Plaintiff, KYLE,suffered extreme
`
`emotional distress and anguish, and suffered permanent damage to his ownself-image and
`
`mental outlook for his future as man anda father.
`
`39.
`
`Asa direct result of the acute emotional turmoil andstressinflicted on the Plaintiff,KYLE,
`
`by the Defendant(s), RMA and/or ILLUME,Plaintiff has sought and obtained medical
`
`treatment to combatthe anxiety, depression, stress, sleeplessness, and sorrow associated and
`
`caused by the aforementioned destruction ofthe Plaintiff,KYLE’S, healthy, pre-
`
`chemotherapy sperm and/or semen.
`
`40-47.
`
`Paragraphs thirty-eight (38) through forty-five (45), inclusive, of the Plaintiff,KYLE'S,
`
`Claims of Damagesare hereby re-alleged as paragraphs forty (40) through forty-seven (47),
`
`inclusive of this, The Third Count, as if fully set forth herein.
`
`48.
`
`The March 2022 destruction, disposal or otherwise discarding of the Plaintiff,KYLE’S,
`
`healthy, pre-chemotherapy sperm and/or semen created an unreasonable risk of causing the
`
`Plaintiff, KYLE, emotional distress
`
`

`

`49.
`
`The Defendant(s), RMA and/or ILLUME,knew, or should have known,that the
`
`destruction, disposal and/or discarding of the Plainuff, KYLE’S,last remaining viable,
`
`healthy, pre-chemotherapy sperm and/or semen, of which Defendant(s) had sole control,
`
`possession and physical custody over, would causethe Plaintiff,KYLE, emotional distress,
`
`as Plaintiff, KYLE, cannot conceive children without the aforementioned sperm and/or
`
`semen.
`
`50.
`
`The emotionaldistress experienced bythe Plaintiff, KYLE,as a result of the destruction,
`
`disposal and/or discarding of the Plaintiff, KYLE’S,last remaining viable, healthy, pre-
`
`chemotherapy sperm and/or semen by the Defendant(s), RMA and/or ILLUME,was
`
`reasonably foreseeableto result in illness or bodily harm to the Plaintiff,KYLE, due to the
`
`severity of same emotional distress.
`
`51.
`
`The emotionaldistress experienced bythe Plaintiff, KYLE, as a result of the destruction,
`
`disposal and/or discarding of the Plaintiff,KYLE’S,last remaining viable, healthy, pre-
`
`chemotherapy sperm and/or semen by the Defendant(s), RMA and/or ILLUME,resulted in
`
`illness or bodily harm to the Plaintiff,KYLE, due to the severity of same emotional distress.
`
`52.
`
`The destruction, disposal and/or discarding of the Plaintiff,KYLE’S,last remaining viable,
`
`healthy, pre-chemotherapy sperm and/or semen by the Defendant(s), RMA and/or
`
`ILLUME,wasthe direct and proximate cause of the Plaintiff,KYLE’S, distress, damages
`
`and injuries, as set forth herein.
`
`18
`
`

`

`COUNT FOUR: KYLE SMITHv. Defendants REPRODUCTIVE MEDICINE
`ASSOCIATES OF CONNECTICUT, P.C. and/or ILLUME FERTILITY PLLC —
`Intentional Infliction of Emotional Distress
`
`1-37. Paragraphs one(1) through thirty-seven (37), inclusive, of the Relevant Factual Allegations
`
`ate herebyre-alleged as paragraphs one(1) through thirty-seven (37), inclusive ofthis, the
`
`Fourth Count, as if fully set forth herein.
`
`38.
`
`The Defendant(s), RMA and/or ILLUME’S,actions by the March 2022 destruction,
`
`disposal or otherwise discarding of the Plaintiff,KYLE’S, healthy, pre-chemotherapy sperm
`
`and/or semen was done without consent, permission, or authority of the Plaintiff,KYLE
`
`and was outrageous such that a reasonable person would be offended.
`
`39.
`
`The Defendant(s), RMA AND/OR ILLUME’S,May22, 2022 methodofinforming
`
`Plaintiff,KYLE,of the aforementioned destruction of his sperm by telephonecall and/or
`
`voice message was outrageous suchthat a reasonable person would be offended.
`
`40-47. Paragraphs thirty-eight (38) through forty-five (45), inclusive, of the Plaintiff, KYLE'S,
`
`Claims of Damagesare hereby re-alleged as paragraphsforty (148) through forty-seven (47),
`
`48.
`
`49.
`
`inclusive of this, The Third Count,asif fully set forth herein.
`
`The emotional distress was severe enoughtoresult in illness or bodily harm.
`
`As a result of the Defendant(s), RMA and/or ILLUMB'’S,intentional destruction of the
`
`Plaintiff,KYLE’S,last remaining healthy sperm and/or semen, as aforementioned,the
`
`Plaintiff,KYLE, has suffered severe emotional and psychological stress, distress, anxiety,
`
`19
`
`

`

`sleeplessness, feelings of dread, nightmares, sorrow, despair, and loss of the ability to enjoy
`
`life’s pleasures andactivities, now and in the future.
`
`50.
`
`The Plaintiff,KYLE, seeks damagesas a result of the Defendant(s)’, RMA and/or
`
`ILLUMBE’S,conduct.
`
`51.
`
`The Defendant(s)’ conduct created an unreasonable risk of causing emotional distress by
`
`permanently terminating any possibility of Plaintiff,KYLE, concetving children in the
`
`future.
`
`The Defendant(s)’ conduct was extreme and outrageous.
`
`The Plaintiffs Distress was foreseeable.
`
`The Plaintiff seeks damages asa result of the Defendant(s)’ conduct.
`
`52.
`
`53.
`
`54.
`
`COUNTFIVE: KYLE SMITHv. Defendants REPRODUCTIVE MEDICINE
`ASSOCIATES OF CONNECTICUT,P.C. and/ot ILLUME FERTILITY PLLC — Trespass
`to Chattels
`
`1-37. Paragraphs one (1) through thirty-seven (37), inclusive, of the Relevant Factual Allegations
`
`ate herebyre-alleged as paragraphs one(1) through thirty-seven (37), inclusive ofthis, the
`
`Fifth Count, as if fully set forth herein.
`
`38.
`
`The Defendant(s), RMA and/or ILLUME,did intentionally dispossess the Plaintiff, KYLE,
`
`of his property, in the form ofhis healthy, pre-chemotherapy sperm and/or semen when, in
`
`March of 2022 they did intentionally and permanently destroy, discard, and/or disposed of
`
`said property.
`
`20
`
`

`

`39.
`
`The Defendants, RMA and/or ILLUME,in March 2022, did permanently destroy, discard
`
`and/or dispose ofthe Plaintiff,KYLE’S,last remaining healthy, pre-chemotherapy sperm
`
`and/or semen, withoutthe Plaintiff,KYLE’S, consent, permission, authority, and/or
`
`knowledge.
`
`40-47. Paragraphsthirty-eight (38) through forty-five (45), inclusive, of the Plaintiff,KYLE’S,
`
`Claims of Damagesare hereby re-alleged as paragraphsforty (148) through forty-seven (47),
`
`inclusive of this, The Fifth Count, as if fully set forth herein.
`
`48.
`
`The Plaintiff suffered permanent, andirreversible damages as a direct and proximateresult of
`
`the Defendant’s aforementioned actions.
`
`COUNTSIX: KYLE SMITHv. Defendants REPRODUCTIVE MEDICINE ASSOCIATES
`OF CONNECTICUT, P.C. and/or ILLUME FERTILITY PLLC — Trespass to Chattels
`
`1-37. Paragraphs one (1) throughthirty-seven (37), inclusive, of the Relevant Factual Allegations
`
`are hereby re-alleged as paragraphs one(1) through thirty-seven (37), inclusive of this, the
`
`Sixth Count, asif fully set forth herein.
`
`38.
`
`The Defendant(s), RMA and/or ILLUME,did intentionally assume exercise ownership over
`
`the Plaintiff, KYLE’S, property, in the form of his healthy, pre-chemotherapy sperm and/or
`
`semen when, in March of 2022 they did intentionally and permanently destroy, discard,
`
`and/or disposed ofsaid property, to the exclusion ofthe Plaintiff,KYLE’S, ownership
`
`rights to same.
`
`21
`
`

`

`39.
`
`The Defendants, RMA and/or ILLUME,in March 2022, did permanently destroy, discard
`
`and/or dispose of the Plaintiff,KYLE’S, last remaining healthy, pre-chemotherapy sperm
`
`and/or semen, withoutthe Plaintiff,KYLE’S, consent, permission, authority, and/or
`
`knowledge.
`
`40-47. Paragraphsthirty-eight (38) through forty-five (45), inclusive, of the Plaintiff, KYLE’S,
`
`Claims of Damagesare hereby re-alleged as paragraphsforty (148) through forty-seven (47),
`
`inclusive of this, The Fourth Count,as if fully set forth herein.
`
`48.
`
`ThePlaintiff suffered permanent, andirreversible damagesas a direct and proximate result of
`
`the Defendant’s aforementioned actions.
`
`COUNT SEVEN: KYLE SMITHv. Defendants SPENCER RICHLIN - Intentional
`Infliction of Emotional Distress
`
`1-37. Paragraphs one(1) through thirty-seven (37), inclusive, of the Relevant Factual Allegations
`
`are hereby re-alleged as paragraphs one (1) through thirty-seven (37), inclusive ofthis, the
`
`Seventh Count, as if fully set forth herein.
`
`38.
`
`The Defendant, RICHLIN’S, May 22, 2022 methodof informing Plaintiff, KYLE,of the
`
`aforementioneddestruction ofhis sperm by telephonecall and/or voice message was
`
`outrageous such that a reasonable person would be offended.
`
`39.
`
`The Defendant, RICHLIN’S,aforementioned sending of a letter to Plaintiff,KYLE, dated
`
`May31, 2022, with an accompanying unwanted, unsolicited, and offensive check for the sum
`
`vi.
`
`

`

`paid by Plaintiff,KYLE, for cryopreservation and/or storage of his sperm and/or semen
`
`was outrageoussuch that a reasonable person would be offended.
`
`40-47. Paragraphsthirty-eight (38) through forty-five (45), inclusive, of the Plaintiff, KYLE’S,
`
`Claims of Damagesare herebyre-alleged as paragraphs forty (148) through forty-seven (47),
`
`48.
`
`49.
`
`50.
`
`51.
`
`52.
`
`53.
`
`inclusive of this, The Seventh Count,asif fully set forth herein.
`
`The emotional distress was severe enoughto result in illness or bodily harm.
`
`As a result of the Defendant(, RICHLIN’S,cavalier, careless, and callous method of
`
`informing the Plaintiff that he would never conceivechi

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