**UPDATE**

On October 20, 2015, Fulton County Superior Court Judge Robert McBurney dismissed all claims brought against Xytex Cryo International on March 31, 2015. The case was initiated by a Canadian couple which alleged misrepresentation of donor qualifications and credentials. Xytex remains committed to providing clients with excellent service and upholding the highest practices and standards in the industry.

 
**ORIGINAL LETTER**

Over the last 40 years, we have developed into an industry leader because of our steadfast commitment to our clients. We are proud to have helped tens of thousands of families throughout the world to achieve their dreams of having healthy children and building families.

You can imagine our concern when a lawsuit was filed last week that accused us of misleading a client. We want to assure you that this is simply not true. We have conducted a careful review of our records and the claims by the couple in question do not reflect the representations provided to Xytex.

We followed thorough procedures to review the health of the donor. As you may know, this vetting process eliminates 99% of the potential donors who apply to Xytex.  In this case, the donor underwent a standard medical exam and provided extensive personal and health information. He reported a good health history and stated in his application that he had no physical or medical impairments. This information was passed on to the couple, who were clearly informed the representations were reported by the donor and were not verified by Xytex.

In addition, the donor provided signed photos of himself that we passed on to the couple without alteration. He also provided us with copies of his undergraduate and graduate university degrees.

We stand by the process we followed, and intend to vigorously defend ourselves against the allegations in this lawsuit. In the meantime, we remain committed to providing clients with excellent service and upholding the highest practices and standards in the business.

Regards,
Kevin M. O’Brien
President