On Thursday afternoon, June 4, 2015, a 35-year-old man identified in court papers as “John Anonymous” reached a settlement of his case against Northwestern Faculty Foundation arising out of the destruction of the sperm he banked at Northwestern. The injured party was diagnosed in 2011 with testicular cancer and, on the advice of his doctors, banked sperm for future use since his cancer treatment would render him sterile. Unfortunately, Northwestern Faculty Foundation, the operator of the sperm storage business, stored all of John’s samples in one tank and that tank failed in 2012. John’s samples thawed and were rendered useless. Due to his cancer treatment, he is unable to conceive a child.
At a mediation conference chaired by former Appellate Justice Michael Gallagher and former Circuit Judge Hollis Webster, the Faculty Foundation agreed to pay the injured party $1,000,000. The Faculty Foundation was represented by John Duffy of Donohue, Brown, Mathewson and Smyth, Chicago (312-422-0995). The Foundation is pursuing contribution claims against parties responsible for the storage tank, its alarm system and other companies involved in the service.
