NASHVILLE, Tenn. (WTVF) — Dr. Jaime Vasquez was supposed to answer a lawsuit on Monday about the abrupt closure of the Nashville Center for Reproductive Health, but he filed bankruptcy, and that changes things.
Almost always, bankruptcy automatically stops any civil lawsuits.
In this case, that means families storing embryos at the clinic now have no clue when they can move on.
"They don't know if they're going to have enough time to complete their families because their embryos are being held hostage in a court case," said Sydney McDowell.
Almost eight weeks ago, I met Sydney and Austin McDowell for the first time. The couple wants to have a baby. Sydney sought out a fertility doctor to help make that happen. She had an appointment for an embryo transfer at the end of April. It never happened because the Center for Reproductive Health abruptly closed up shop.
"A pregnancy, it's supposed to be this wonderful time," said Austin McDowell.
"We were really, ready, looking forward to it, ready to go," Sydney said.
"And it was kind of just taken," Austin said.
The couple and hundreds of other patients were hoping to get some answers at a court hearing next week in the case filed by the Tennessee Attorney General against the clinic and Dr. Vasquez.
On Tuesday, the clinic and its related entities filed for bankruptcy.
Attorney General Jonathan Skrmetti called these delay tactics. He submitted a statement to us.
“Dr. Vasquez betrayed many families who invested not only their hard-earned money but their trust and their hope in him to provide the fertility care he promised. After Dr. Vasquez abruptly closed the Center for Reproductive Health, my consumer protection team took decisive legal action and the court appointed a receiver to take over the practice, safeguard patients' embryos, and start to sort out the mess that was left when the business collapsed. Dr. Vasquez is not the first defendant who tried to throw off our investigation by hiding behind a bankruptcy and fleeing to federal court. This office will not be deterred by his tactics, and we will continue to aggressively pursue accountability in this matter. We are confident the courts will see right through Dr. Vasquez’s delay tactics.”
The McDowells consider themselves extremely lucky. By an act of God, they got their six embryos out of the clinic before the staff stopped reporting to work.
There were roughly 1,200 samples at the clinic when it closed.
"There are patients there who have significant others with cancer and that's all they will have for their future family with their significant other," Sydney said.
At a recent meetup, patients expressed their frustration with the process.
"Don't keep saying new people came in, the receivers came in, the attorneys are talking, we're waiting for the next court date," said Mary Schacher. "I don't give a —! We already spent the money, went through this turmoil and you have our babies and we want them out."
Right now, Metro Nashville Police are also investigating the clinic after our reporting helped expose a clinic employee who claimed to be a doctor but did not have a medical license.
The unexpected closure of this fertility clinic turned many worlds upside down. If you want to share your story with us, send an email to hannah.mcdonald@newschannel5.com.
How we got here
Reporter Hannah McDonald first started writing on this when patients shared with her their fertility clinic shut down with no warning.
The staff received a letter reading in part" "Unforeseen circumstances have led to a financial deficit. Regrettably, you will not receive your paychecks tomorrow."
From there, the floodgates opened with stories from women and their experiences at the clinic. As we searched for answers, the Tennessee Attorney General and the Metro Nashville Police Department opened investigations.
On top of that, we learned that one of the providers at the clinic, Farere Dyer, didn't have licensing through Tennessee. He wasn't licensed to perform procedures, including intrauterine insemination or in vitro fertilization procedures. Each of the procedures helps women get pregnant.
Did this affect you?
If you were a patient or employee at the Center for Reproductive Health, investigators want to talk with you. They do ask that you contact all three agencies.
The Metro Nashville Police Department has created a special email box where people can file complaints and share information about possible criminal activity involving the Center for Reproductive Health.
That email address is CRHcomplaint@nashville.gov. Those emails will go directly to the Special Victims Division of the police department.
Tennessee Attorney General Jonathan Skrmetti sued Dr. Vasquez and the Center for Reproductive Health under the Tennessee Consumer Protection Act, seeking immediate relief to patients caused by Dr. Vasquez’s unexpected suspension of patient care and the sudden closure of his clinic. To file a complaint, you can complete a complaint form here or you can call (615) 741-4737 or toll-free inside Tennessee at 1-(800)-342-8385.
Forrest Sanders recently introduced us to a Nashville hero named Eudora Boxley. She was the first black woman to have a cooking show on TV in Nashville. Her grandson was precious describing Eudora and how she raised him and how proud he and the family were of her impact not only on WLAC but on a city during the turbulent Civil Rights Era. A woman who did extraordinary things at a time when history did not expect her to.
-Amy Watson
