I have just received this update from the attorneys who are filing the class action lawsuit against SurroGenesis, Tonya Collins, Michael Charles Financial and the other culpable defendants:
Pearson, Simon, Warshaw & Penny and the Law Offices of Wayne Beaudoin are bringing a class action on behalf of all who suffered a loss of funds or lost access to funds placed with Michael Charles Independent Financial Holding Company, its owners, and SurroGenesis its multiple businesses and its owners. At the present time the lawsuit is in process. Those Intended Parents whose funds were lost solely as the result of the action of these companies and their owners do not need to undertake any action to become part of the class. A class representative or two will be selected by the attorneys. You will be updated as the matters progress, but you will not need to retain counsel individually to be part of the class. However, at any point in time, if you disagree with the actions being taken, you will be able to opt out of the class and proceed independently.
Some of you believe that you were misled or suffered at the hands of other professionals, including other agencies and attorneys that mislead you to put your money with Michael Charles or assured you that Michael Charles was independent of SurroGenesis. If you believe that you suffered as a consequence of such misdirection, please let us know by e-mail or telephone. We are formulating separate actions on your behalf either in superior court or in arbitration, depending on the terms of your individual contracts. The attorneys have or will be discussing your options directly with you.
Just a couple points of my own to add:
1. Even though you will be a member of the class, it is essential that you contact these attorneys to discuss what other claims you might possess. Please understand that some of your claims might have to be arbitrated and thus will not be part of the class action.
2. Please contact your Reproductive Law attorney regarding your medical insurance situation. If your Surrogate was insured through SurroGenesis’ Blue Cross-Blue Shield group plan, you may be exposed to potential civil and even criminal liability. In addition to speaking to your Reproductive Attorney, I encourage you (and your Surrogate) to contact an experienced criminal defense lawyer to discuss your options.