- Nick Loeb is suing ART Reproductive Center in Beverly Hills for damages
- He claims he didn't know he'd be blocked from the embryos if they broke up
- Loeb and Vergara were together for four years before splitting in 2014
By Jen Smith, Chief Reporter For Dailymail.Com
Published: | Updated:
Sofia Vergara's ex-fiancé is still fighting in court for the couple's frozen embryos, only this time he is suing the fertility clinic they used.
Nick Loeb previously lost a court battle to win custody of the two frozen embryos that he and Vergara created when they were together in 2013.
The pair split in 2014 and Sofia, now married to JoeManganiello, did not want her ex to be able to bring them to term.
It was a bitter court battle that dragged out for years but eventually in 2021, a judge sided with her and imposed a permanent injunction to stop Loeb from accessing them.
Nick Loeb previously lost a court battle to win custody of the two frozen embryos that he and Vergara created when they were together in 2013. They are shown together in 2014
Loeb is suing ART Reproductive Center in Beverly Hills, claiming its doctors never made him aware that the embryos would be destroyed, or that Sofia could block him from accessing them, if they split
Now, in a final court effort, Loeb is suingART Reproductive Center in Beverly Hills, claiming its doctors never made him aware that the embryos would be destroyed, or that Sofia could block him from accessing them, if they split.
It remains unclear whether the embryos remain intact.
Loeb, who describes himself as 'pro-life' andpro-parenthood', is a film director and actor from an impressive background of American dynasty families.
His family tree includes Seagram heirs the Bronfmans, the Lehman family of the now defunct Lehman Brothers bank, and the Loeb family ofLoeb, Rhoades & Co.
In court filings, he alleges medical malpractice by ART, despite admitting that he signed a contract which stated what would happen to the embryos in the event of a break-up (he says he signed a second document that contradicted the first).
'I never would have gone forward with creating what Sofia and I regarded as lives if I knew that she would not consent, or that she wanted to thaw and destroy the embryos, in the event of a breakup,' he said in the most recent filing.
Loeb is seeking damages from ART to cover his legal fees.
A judge previously ruled that he would not be able to later claim emotional distress damages for not having the children.
He and Vergara were together for four years before they called off their engagement in 2014.
By then, they had already visited ART and had the embryos frozen.
Vergara, now 50, already had an adult son at the time.
In 2017, three years after their split, she filed legal papers to block Loeb from accessing the embryos.
It was a fight that lasted four years, until a judge turned down his final appeal in March 2021.
Vergara is now married to JoeManganiello. She previously won her court battle against Loeb
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