♪ this is "nightline." tonight, at a loss. >> throughout my life my desire to have children has remained the single team i've been unwaveringly sure of. >> a malfunction at an ohio frat ita clinic damaging thousands of eggs, women sharing their heart break. >> i felt i was going to die when i heard the news. everything i hoped and prayed for and looked forward to and had in my heart was destroyed. >> what went wrong and the new legal action against the hospital. and fancy free. dubbed the a flew endsa he dodged killing four after driving drunk after his defense

tem argued he was too wealthy for consequences, fleeing the country and now out of jail, the minister who counselled him now speaking out. >> i said why are you upset he said because i'm remorseful i don't know how to tell everybody this. >> why the young man's another is still inlabehind bars. first the "nightline" five. line" five. ♪ ♪ ♪ raindrops on roses and whiskers on kittens ♪

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♪ good evening, thanks for joining us. tonight we're hearing from heart brokawen women who lost their hopes of ever having a biological child after a malova malfunction at a ohio fertility clinic they are taking legal action. >> throughout my life my desire to have children has remained the single thing i've been unwaveringly sure of. >> these three breast cancer survivors sharing their dreams of motherhood. >> i always thought having a child was something god instilled in me years ago. >> choemo chetherapy cancer treatment were put on hold to freeze their eggs at the university ohio hospital in cleveland. >> i risked my life because

having a family was so important. >> but now the dreams of one day becoming biological mothers gone, their eggs were compromised as a result in a malfunction in the hospital's nitrogen storage tank. >> i'm here to announce lawsuits on behalf of three women who suffered a devastating loss because of the failure of others to protect the women's eggs which had been entrusted to them. >> they are just three of nearly 1,000 families achktffected by hospital's break down. >> i have now lost all hopes of having biological children. >> in response to the press conference they told abc news -- >> making the choice to have my eggs frozen felt empowering, it offered a light at the end of a

very dark tunnel. >> rachel's terrifying cancer discovery came just after her 38th birthday. as if cancer wasn't bad enough doctors warned chemo could cause damage to her over aries and egg ovaries and eggs. >> i was faced with the decision to delay treatment or roll the dice and risk the potential of completely not being able to have children because of losing my egg reserve. >> she says her dreams of having children began slipping away. >> it's hard to put into words something i feel so deeply. i just have always felt it in my heart and just known so -- so surely that i wanted to be a mother. >> so she decides to freeze her eggs of a doctor in pittsburgh

where she lives recommended university hospital in cleveland. it was an arduous process. >> you have to inject yourself with hormones daily, go to the doctors office almost daily to get blood drawn and ultrasounds done and all this testing. >> but ultimately it was a success. >> there were 19 eggs able to be retriev retrieved. >> believing her future are fertility was secure came a nightmare. >> i was notified of a situation at uh the following friday after the incident, and when i read the letter it was just so cold and impersonal and it really felt like i'd been just punched. >> devastating news of that malfunction. >> the story made national headlines. >> heart break for so many couples. >> two fertility failures.

>> outrageous mishap. >> 2,000 eggs were compromised, but later was double that damage 4,000 eggs and embryo were lost. >> what was your reaction? >> my first thought to the women, spouses, partners who were hoping and planning that these were going to be future children. my second thought went to the doctors and nurses and staff, it's a personal tragedy for them as well. >> the eggs and embryo were stored in a high tech tank filled with liquid nitrogen should have been automatically refilled as needed with an alarm sounding if the temperature rose but in a letter said the auto fill wasn't working and the alarm to alert if something was

wrong was off. >> they had entrusted those eggs, two university hospitals for -- to university hospitals for safe keeping unfortunately their trust was betrayed. >> the question becomes why was their technical failure, was it something that could have been avoided, if the answer is yes they have potential legal problems on their hands. >> daniel learned of the incident from her mother. >> my mom called and said she saw something on the news about an issue about a fertility clinic in cleveland and i called the hot line number and immediately they answered and asked my name which i game them and then her voice cracked and asked what my birthday was and i gave her my birthday and she said my eggs were compromised. i hung up on her and was skre screaming and crying on the kitchen floor in shock. >> it was horrifying news for the 37-year-old who was

diagnosed with breast cancer three years earlier who was told she needed life-saving chemotherapy. >> they told me i would definitely lose my fertility i told my doctor that wasn't an option because i couldn't be here without having a child. >> she immediately decided to freeze her eggs even though her doctor warned her delaying chemo is a huge risk. >> she stressed i might not be here to have a child if i didn't get started immediately but i told her it was so important to me i had to do everything in my power to make sure i could have that in my future one day. >> like rachael and sarah she entrusted her future fertility to university hospitals in cleveland. >> they were supposed to be wonderful with great statistics and outcomes. >> doctors there extracted 33 of her eggs, 24 of them were viable. then she started chemo. >> it was the most horrifying thing that anyone could possibly go through. >> but through it all the dream

of a future baby. >> that was my focus and my future. i kept picturing the day i would hold her and look in her eyes. >> then three years later, that devastating news that her eggs were compromised. >> i felt like i was going to die. i pretty much wanted to. because i knew everything that i hoped and prayed for and looked forward to and had in my heart was destroyed. >> that's when she along with rachael and sarah eventually decided to go to famed women's right's attorney gloria allred. >> no amount of money is ever going to compensate these three brave cancer survivors for what they have been forced to endure. but, we want them to be able to fight back in order to make those who are responsible for the betrayal of their trust accountable. >> they were worth more than gold to me and should have been monitored as if they were gold and this is about justice.

this is about making people aware and making an impact. >> up next, the so-called flunz a flunza team who killed four people in a drunk driving crash now out of jail, is he a chachkchachnged man, the minkster who counselled him behind bars gives his impression. s impression. for a quick and convenient clean, try swiffer wetjet. there's no heavy bucket, or mop to wring out, because the absorb and lock technology traps dirt and liquid inside the pad. it's safe to use on all finished surfaces tile, laminate and hardwood. and it prevents streaks and hazing better than a micro fiber strip mop, giving you a thorough clean the first time. for a convenient clean, try swiffer wetjet with a money back guarantee. brand power. helping you buy better. i knew at that exact moment ... i'm beating this. my main focus was to find a team of doctors. it's not just picking a surgeon,

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defense helped him dodge hard times. this week he got out of jail and into a sports car. matt gutman speaks to a minister who got to know the young man behind bars. >> it was a legal defense that ignited national debate. >> affluenza . >> affluenza . >> affluenza . >> the so called affluenza teen avoiding prison time with the defense arguing he was too rich to know right from wrong. five years ago after a night of drinking crashed his supervised up pick truck series. killed four. pleaded guilty to manslaughter and served ten years >> the outrage was incredible from the community. >> that wasn't the last from couch after this surfaced of him violating probation and he was later arrested and extradited

back to texas and sentenced to 720 days behind bars. >> the outrage was initially directed towards the judge but then when he fled to mexico with his mother there was a lot more outrage to go around. >> this week ethan couch just days shy of his 21st birthday is a free man. back under the glare of the media spotlight not making any statements as he made his way to the back of a tesla. while the debate over couch's case continues to swirl around him little has been heard from the man at the center of this whirl winds. tim williams is one of the few people who has spoken to ethan while in jail. >> at our first meeting i said really ethan you got to understand that my connection to the whole event is that, you know, brian and i grew up together. brian was my best friend. >> williams's best friend brian is brian jennings, one of the victims killed by couch. >> but i just said this is what

has occurred. i'm sure you have some things you might want the to discuss on your side so let's try to begin a minister. >> a minister, said his faith helped to forgive and reach out to couch. >> when i first met with him there was no indication he owned what he had done. he had just been caught and i found over the years a lot of people won't own what they did until they get caught and i shared with him, i said, look, you got some hope whether you know it or not because you didn't take the i'm not guilty route. >> williams said he visited couch almost weekly over the course of the past two years their last meeting the day before ethan couch was released. >> i asked him if he was remorseful. he's gotten a little bit upset with it because he is remor remorseful. we talk it through. i said why are you upset he said because i'm remorseful i don't know how to tell everybody this.

>> it started on june 15, 2013, couch's blood alcohol level was three times the legal limit when he got behind the wheel after a night of partying and gunned it to 70 miles an hour and lost control and swerved into a ditch plowing into a group of people bodies scattered hundreds of feet. 15-year-old lucas mcconnell survived the crash. >> what do you remember? >> gra allass breaking. tiring screeching. nailed the tree. >> his father pulled up to the crash scene moments later. >> it was chaos. there were people lying around injured, hurt, dead, people yelling, screaming help me. >> couch walked away from that mangled truck. >> once ethan couch was found the story came together quickly. >> not only was he drunk but traces of thc and valium and

other drugs. >> which are bad enough on their own but combined with alcohol just a recipe for disaster afterert. >> richard alp e rt was assistant attorney that came on to the case a day after the crash and charged ethan with four counts of intoxication manslaughter. >> we were hoping for and asked for 20 years. >> but he tried as a jufvenile and pled guilty and during the sentencing the curious term was dropped. >> affluenza . >> and he was sentenced to ten years in probation and time in rehab. fast forward to 2018 ethan is seen partying in this twitter video that would go viral. sources saying that video prompted couch and his mother to flee to mexico leading to an international man hunt. after a three week long search they are arrested in puerto

vallarta and judge sentencing ethan to 720 days in prison and tonight his mother in the same jail he walked out of after being arrested last week for a parole violation. there's still much debate over couch's new found freedom. mother's against drunk driving releasing a statement saying in part the 720 days ethan served shows that drunk driving homicides are not treated as the violent crimes that had he are. >> i've learned that my idea what the justice system is is not realistic. victims don't always matter. and sometimes money speaks louder. than the truth. >> as for evening ethan he may will be shackled by reminders of his past. >> he is under really severe restrictions as conditions of his parole.

he can't drink. drugs. when he can leave the house. if he can drive. if he violates any of those now that he's an adult he could end zone up with 40 years behind bars. >> in a statement to a bhrbc ne- went on to say -- tim williams says he plans to continue his relationship with couch. >> i think he's mature now. i think he is able to own and express things much better. most of the time an apology is very healing to victims. so i've discussed that with him. i think that for at least quite some time he's been ready to do

that. and so i'm not sure why he's not doing it yet. >> for "nightline" i'm matt gutman in los angeles. >> up next, a young "roseanne" star speaking out about his gender non-conforming character. a >> announcer: abc news "nightline" sponsored by -- red by -- do ndo not misjudgenity quiet tranquility. with the power of 335 turbo-charged horses lincoln mkx, more horsepower than the lexus rx350 and a quiet interior from which to admire them. the lincoln spring sales event is here. for a limited time get zero percent apr on the lincoln mkx. hurry in today to your lincoln dealer.

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♪ and finally tonight on the mega hit sitcom revial after "roseanne" he plays the

nine-year-old grandson mark a gendser nonconforming boy who likes to wear sparkly girls clothes and we asked what it means to him. >> what's you're take on mark. >> mark's just a normal kid. he likes to do art. he likes playing basketball. and just wearing girl's clothes is a small part of mark. >> when at the told you about mark what did they tell you about how to plan and what did you bring to it? >> so they didn't really tell me because i play mark as a normal kid the girl's clothes is a small part. >> because he likes to express himself. >> exactly. >> did you know what gender non-conformity was. >> no i was aware certain people like to wear clothes from opposite gender but i wasn't aware of the term i don't wear girl's clothes and respect everyone who does and believe everyone should express

themselves. >> so you going back for a second season. >> yep excited to be out there again work with everyone it will be great. >> congratulations. it's a great show. >> thank you so much. >> clearly wise beyond his years. thanks for watching "nightline" and as always we're online on our "nightline" facebook page. good night, america.

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