California Fertility Doctor Accused of Stealing Embryos, Practicing Without a License
For years, Dr. Brian Acacio enjoyed a strong reputation among couples in California seeking to start a family, boasting high IVF success rates and receiving positive reviews. However, it has arrive to light that his medical license was suspended in December following accusations of cocaine use and a mental health evaluation revealing a condition impairing his ability to practice medicine safely. Now, twenty-six couples have filed a civil lawsuit alleging he continued to practice medicine and relocated their embryos without their consent.
License Suspension and Allegations
According to legal filings, the California Medical Board suspended Dr. Acacio’s license after receiving reports of his alleged cocaine use. An investigation revealed he admitted to using cocaine “approximately three times with his ex-girlfriend.” A subsequent psychiatric evaluation found he had a “mental condition affecting his ability to practice medicine safely.” Despite these findings, the lawsuit claims Acacio continued to see patients.
Embryo Relocation and Lawsuit
The couples allege that Acacio transferred their embryos from his facility in Laguna Niguel to his office in Bakersfield without their knowledge or consent. Many discovered the relocation only when attempting to schedule an embryo transfer, the final step in the IVF process, or through social media and other patients. The lawsuit, filed in Orange County Superior Court, seeks the safe and lawful return of the embryos.
Patients’ Experiences
Berenice Cervantes and Curtis Hanson, plaintiffs in the lawsuit, shared their experience, stating they felt “violated” by the lack of transparency. Monique Santos and her husband, Allen, underwent egg retrieval in August, resulting in three viable embryos. After a failed transfer in November, they faced delays and shifting explanations when attempting a second transfer in December, eventually learning of the doctor’s suspension and the embryo relocation.
Financial Issues and Release Agreements
Court records indicate that Acacio, along with two other doctors, owed over $243,000 in rent on the Laguna Niguel office for approximately a year, leading to its closure. The lawsuit further alleges that Acacio demanded patients sign a “sweeping” release agreement before returning their embryos, potentially shielding his clinic from liability for any damage to the biological material.
Legal Representation and Next Steps
Attorney Benjamin Ikuta, representing the couples, stated, “He’s stolen these people’s embryos. He’s held their families essentially hostage, and we want answers.” The primary goal of the legal team is the safe and expeditious transfer of the embryos back to their rightful locations. Acacio could not be reached for comment.