Lawsuits have been filed against fertility company CooperSurgical claiming that a liquid used in the in vitro fertilization (IVF) process destroyed developing embryos. Plaintiffs claim that the company failed to conduct proper testing of the solution, known as embryo culture media, and that the defective product along with CooperSurgical’s negligence are to blame for their losses.
IVF has helped millions of women get pregnant or grow their families since the procedure was introduced in the 1970s. The process entails retrieving a woman’s eggs and combining it with a man’s sperm sample in a laboratory dish to become a fertilized embryo. The embryo grows in the dish submerged in a solution for several days before it is transferred to the woman’s uterus, where it then attaches to the uterine lining. In some cases, embryos need to be carefully preserved for a period of time prior to implantation.
Sadly, embryos grown in certain lots of CooperSurgical’s embryo culture media did not survive. The issue came to light after several couples undergoing IVF at the same clinic experienced similar losses.
In December 2023, CooperSurgical released an “Urgent Media Recall: Field Safety Notice” with respect to its “LifeGlobal global® Media” with Lot Numbers 231020-018741, 231020-018742, and 231020-018743. The company had received a “sudden increase in complaints” regarding the product, also citing in the announcement that “impaired embryo development prior to the blastocyst stage” was at risk.
Now, several couples have sued CooperSurgical in California court, claiming that the company failed to test their embryo culture media and also failed to issue a timely recall—CooperSurgical recalled some of the product only after the destruction of irreplaceable embryos, resulting in devastation to many hopeful parents.
In order for an embryo to grow outside of a woman’s body, it needs key nutrients—just as it would receive inside of the uterus. Embryo culture media, like the recalled solution made by CooperSurgical, is meant to mimic the natural environment a developing embryo needs to thrive. It is composed of a salt solution with the addition of other components, such as magnesium, carbohydrates (pyruvate, lactate, and glucose), and amino acids, and it is essential that this media be sterile and created properly to promote embryonic growth.
Plaintiffs allege that CooperSurgical knew, or should have known, that their recalled embryo culture lots posed an unreasonable risk of toxicity to viable embryos, and that the company’s solution did indeed destroy their embryos—and their hopes of becoming parents.
Hopeful families whose embryos were destroyed by CooperSurgical’s recalled defective embryo solution may be able to make a claim against the company to hold them accountable for their failures. You may be able to recover compensation for the loss, as well as the physical and emotional stress that you, or you and your partner, endured.
If you or a loved one lost an embryo cultivated in CooperSurgical’s recalled defective embryo solution, you may have a claim. Contact Grant & Eisenhofer today to learn about your rights and what potential recoveries may be available to you to pursue due to this recall.
Grant & Eisenhofer’s mass tort attorneys are experienced in investigating women’s health claims, and those of families, including representing thousands of women in the Essure contraceptive device, power morcellators, and talcum powder litigations, as well as families whose premature infants were injured or died after ingesting certain baby formulas. We are a team of dedicated attorneys here for you during this difficult time in your life. Call today for a free, strictly confidential evaluation of your potential claim.
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