A group of egg donors are bringing a class action against the Society for Assisted Reproductive Technology and ASRM (who cap egg donor compensation at $10k) saying that it isn’t fair for these organizations to dictate how much they can get paid for donating their eggs and that the free market should set the standard on how much egg donors should be paid. The egg donors are brining this lawsuit under the Federal antitrust law (the Sherman Act as referenced in the article) which protects against monopolies or things like price fixing.
Certifying a class which is referenced in the article is a legal term on how a class action group is established before the lawsuit moves forward. This phase of the class action lawsuit is only determining whether the compensation limits set by these organizations violate antitrust laws. The lawsuit is not getting into what damages (or harm) is caused to the egg donors as a result of the compensation limits. In the event the court determines that the compensation limits actually violates antitrust laws, then the egg donors would need to provide more evidence to show how the compensation limits actually harm them since they have initially failed to do so according to the judge.
Please contact Marla Neufeld (954-761-2929, Marla.Neufeld@gmlaw.com) for a free consultation on surrogacy, egg donation, sperm donation, or embryo donation under Florida’s laws. She represents both heterosexual and same sex couples and individuals.