NASHVILLE, Tenn. (WTVF-TV) — A stunning reversal in court Tuesday involving the embattled Nashville fertility clinic that suddenly closed its doors back in April.
The Center For Reproductive Health filed for bankruptcy protection at the end of May, but now has agreed to dismiss the case.
And during the hearing, the judge let everyone know what he thought of that.
After the Center For Reproductive Health abruptly shut down in April, the Tennessee Attorney General sued the Nashville fertility clinic.
Attorneys with the AG's Office were set to question Dr. Jaime Vasquez, the founder and medical director of the clinic, under oath in late May when suddenly, the night before that scheduled deposition, attorneys for Dr. Vasquez filed for bankruptcy protection, putting the Attorney General's case on immediate and indefinite hold.
The federal bankruptcy judge on the case called out that legal maneuvering during a special hearing in the case Tuesday.
Judge Charles Walker said from the bench, "I think to be candid with all the parties, I think the detour into bankruptcy was egregious, given that it slowed the process down and accomplished nothing but to undermine. If Dr. Vasquez had that intent, this was not the best method and this is not the forum to deal with embryos under any circumstance."
During Tuesday's hearing, we also learned that Dr. Vasquez has now reversed course and his attorneys said he has agreed to drop or dismiss the bankruptcy case.
Meanwhile what's left of the clinic and related businesses will remain under control of the court-appointed receiver who was hired to sort out the medical records and move the stored genetic material like frozen eggs and embryos to other providers, something former patients have told us they desperately want access to, but have been unable to get since the fertility clinic closed.
Judge Charles Walker told attorneys during the hearing, "I will not be part of this sweeping under the rug. I think this filing had some significant problems as evidenced by the fact that it’s leaving almost immediately from bankruptcy."
While Dr. Vasquez was not in court for the hearing, the judge told his attorneys that if he was going to release the case, he wanted to be sure that patients were informed and assured that their frozen material was being taken care of and was safe.
"The population of people that are patients in this instance deserve better treatment than they received. My only intent is to ensure that the court is not continuing to perpetuate that," the judge explained.
Former patients of the fertility clinic welcomed the news that the bankruptcy case was going away along with word that hopefully the genetic material still stored in the clinic will be transferred to a new location by the end of the month.
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.
NewsChannel 5's previous reporting on the Center for Reproductive Health:
Former patients of shuttered fertility clinic share feelings of despair
Metro Police: We have not had a case like this before.
Tennessee Attorney General on suing the Center for Reproductive Health for abandoning patients
Center For Reproductive Health issues statement regarding closure
Legal recourse for patients of now closed fertility center
Patients left in limbo after Nashville fertility clinic suddenly closes
