STATEMENT PBKM FAMICORD
Warsaw, 18th June 2020
STATEMENT PBKM FAMICORD
On recent communication on www.cryosave.com regarding polish court decision.
PBKM FamiCord (PBKM) would like to inform that it received preliminary court decision – so called pre-court injunction - which was made upon complaint made by Cryo-Save Arabia FZ-LLC . Such decision is not an effect of regular court procedure, we did not have possibility to defense. Issue of such injunction does not mean that those claims are justified. It will be decided in a separate court proceedings.
In its complaint Cryo-Save Arabia FZ-LLC suggests that it is entitled to all contracts with clients of Cryo-Save AG in bankruptcy with its seat in Switzerland, as well as to use personal data of all the clients of Cryo-Save AG - not only the clients of Cryo-Save Arabia FZ-LLC. The court that issued the decision had no the opportunity to analyze the whole situation as PBKM FamiCord was not informed about the procedure and not able to defense until the injunction has been delivered to it.The court is not checking the facts in this kind of procedure but only the documents and information provided by the claiming party which might be not full or complete or simply not available for the claiming party.
That decision affects most of the communication we were doing so far. In particular temporary we are not allowed to use “CryoSave” name in certain context for example related with bankruptcy of CryoSave AG, Switzerland which information is publicly available (and can be accessed here) and some others activities are prohibited. PBKM FamiCord always respects court’s decision, so we suspended all activities pointed in the decision of the court toward clients of bankrupting stem cell bank in Switzerland.
We believe since we keep almost all the samples of stored previously mostly in Belgium and Switzerland, we are not only authorized to communicate with the families but have legal obligation to answer their requests as the child is the owner of the biological material and its parents may take any decision what to do with the sample We have binding opinion of banking tissue authorities for that. Respecting the decision of the court we will re-open the modified website pretty soon, for now clients who seek information shall sent e-mail to: firstname.lastname@example.org
What in that issue is the most important is that samples of clients ,which have already concluded contract with FamiCord, are safely stored in Warsaw.
This is the right of Clients to choose where their children samples shall be stored.
This is never the decision of the tissue bank which keeps them.