Lawsuit Information Center
CooperSurgical is currently facing numerous lawsuits stemming from the recall of its embryo culture solution amid concerns that the solution may be causing embryo loss during in vitro fertilization (IVF) procedures. This product is widely utilized in IVF treatments across fertility clinics worldwide. Despite the recall, CooperSurgical has not issued a public notice or statement regarding the matter. The implications of this situation could be profound, affecting families in America and globally who are left questioning whether their embryo loss was due to this defective product.
The potential impact of this toxic solution on countless affected couples presents a tragic circumstance—not due to chance or the inherent challenges of fertility treatments, but allegedly due to negligence and the distribution of faulty products by CooperSurgical Inc. In essence, a prominent pharmaceutical company released a product into the market that they knew could impair embryo development.
August 2024 Update
A new consumer class action lawsuit has been filed against CooperSurgical over its recall of its Embryo Culture products. The defective CooperSurgical embryo culture media caused the loss and destruction of thousands of fertilized eggs across the country. These eggs were contributed by hopeful couples who paid thousands for IVF fertility treatment. The class action seeks economic damages from CooperSurgical on behalf of those devastated couples for the costs they incurred in the failed IVF treatment attempt.
This class action complaint is basically identical to over 30 other pending lawsuits involving the CooperSurgical embryo cultures. The Judicial Panel on Multidistrict Litigation will be ruling very soon on whether to consolidate all of these cases into a new MDL.
July 2024 Update
Three plaintiffs have filed a motion for a MDL class action lawsuit for 20 IVF lawsuits against CooperSurgical. They request that the cases be centralized in the Northern District of California, where most are already pending before Judge Jon S. Tigar.
This MDL would be specificially for plaintiffs are individuals who pursued IVF to build their families, a process that anyone who has been though it, or known someone who has, is both costly and emotionally taxing. IVF involves multiple medical procedures, including the use of culture media to support the development of embryos. The defendants, CooperSurgical. and The Cooper Companies recalled certain lots of their culture media in December 2023 after discovering they were magnesium-deficient, which could harm or destroy embryos.
Since February 2024, at least thirty related actions have been filed, with twenty-seven in the Northern District of California, and others in Florida, New Mexico, and Oregon. These cases allege that the recalled culture media caused damage to eggs and embryos, leading to claims of strict products liability, negligence, trespass to chattels, and unjust enrichment.
The plaintiffs argue that centralizing the cases in the Northern District of California would promote efficient resolution and convenience for all parties involved. The district is familiar with multidistrict litigation and related IVF product liability cases, and Judge Tigar has already managed early case activities. Centralization would consolidate pretrial proceedings, reduce duplicative discovery, and prevent inconsistent rulings.
IVF
In vitro fertilization (IVF) is a sophisticated assisted reproductive technology (ART) designed to help individuals facing fertility issues achieve pregnancy. The procedure begins with the administration of medications to stimulate the ovaries to produce multiple eggs, which are then carefully retrieved through a minor surgical procedure.
These eggs are subsequently combined with sperm in a controlled laboratory environment to facilitate fertilization, mimicking the natural fertilization process that occurs within the body. This fertilization process often takes place in a petri dish, where the eggs and sperm are incubated together.
Once fertilized, the resulting embryos are nurtured in a specialized culture media solution for several days. This media is meticulously formulated to mimic the conditions of the human body, providing essential nutrients and a stable environment to support the embryos’ growth and development.
After a period of incubation, the embryologist evaluates the embryos for quality and viability. One or more of the healthiest embryos are then selected for transfer. Using a fine, flexible catheter, these embryos are gently placed into the woman’s uterus. The goal is for at least one of the embryos to implant in the uterine lining, which can then develop into a successful pregnancy.
IVF is a complex, multi-step process that offers hope to many couples and individuals experiencing infertility. It involves careful coordination and timing, as well as the expertise of reproductive specialists to maximize the chances of a successful pregnancy.
About Embryo Development Solution
In the realm of IVF, an embryo development solution refers to a specially crafted liquid known as a culture medium. This medium is designed to replicate the natural conditions of the womb, providing the essential nutrients and environment required for embryo development outside the body.
IVF procedures utilize this solution to nurture embryos until they are ready for transfer into the uterus. Given the critical role of this phase in IVF treatment, the use of high-quality solutions is paramount to optimize embryo development.
If embryo cells cease dividing, fail to grow, or exhibit abnormalities, they are deemed “non-developing” or “non-viable,” a condition that can occur at any stage.
In the context of the CooperSurgical lawsuit, allegations suggest that the solution may have been toxic or contaminated during production.
Embryo Loss from Defective IVF Products
The recent lawsuits against CooperSurgical allege that the company manufactured and sold defective embryo development solution components that were used in IVF treatments. The defect resulted in the culture medium for the embryo essentially being toxic. So instead of help the embryos to grow, it killed them.
The impact of embryo loss on affected families is profound. These families or individuals invest tens or even hundreds of thousands of dollars, along with all their hopes, into IVF with the goal of starting a family.
When an embryo is lost or destroyed, it represents a devastating setback, potentially eliminating their only chance at parenthood.
However, this is not solely a financial loss. For the plaintiffs, it’s about the violation of their rightful expectations, emotional trauma, and significant financial investment.
CooperSurgical May Have Known About the Defective Embryo
There is evidence to indicate that CooperSurgical knew or should have known that its embryo culture media solution products were defective and possibly killing embryos. A group of several fertility doctors and embryologists sent a letter to CooperSurgical, warning the company that its medium was defective and killing embryos. The letter made it very clear that the was something inherently wrong with the embryo culture medium and that it had already killed a large number of embryos.
Initially, CooperSurgical apparently did nothing in response to this letter. Eventually, however, the company did attempt to handle the problem quietly by sending a recall notice letter to fertility clinics and doctors only. Fertility patients themselves were never directly notified.
The warning letter shows that CooperSurgical had notice of the issue, but exactly when and what the company knew (and what it did or did not do about it) are facts that will eventually be developed as this litigation moves forward.
File a Lawsuit and Get Compensation for Your Lost Embryo
Anyone who suffered a lost embryo as a result of CooperSurgical’s defective culture medium may be able to file a lawsuit and get compensation for the emotional harm caused by this loss. Depending on what we find out about CooperSurgical’s knowledge and actions, punitive damages could be on the table also.
Plaintiffs who bring a successful product liability lawsuit against CooperSurgical can also recover damages for any economic losses they incurred as a result of their ordeal. This could include the cost of the IVF treatment that failed due to the defective culture medium. IVF is notoriously expensive, so these costs could be significant in many cases.
Potential Settlement Value of CooperSurgical Lost Embryo Lawsuits
These lawsuits are just getting started and the claims are very unique, so any estimated settlement value for these cases is purely speculative at this stage. That being said, we can offer an educated guess as to the potential value of these cases.
Successful plaintiffs in these cases will be entitled to 2 major types or categories of damages. First, plaintiffs will be entitled to get damages for the mental pain and suffering caused by the loss of their embryo and the failed IVF. These could be significant because losing an embryo is an emotionally painful experience. Second, plaintiffs would be entitled to economic damages for the costs of the failed fertility treatments. IVF is very expensive, so these economic damages could also be significant.
Our lawyers estimate that the strongest embryo loss lawsuits against CooperSurgical could have a potential settlement value of $100,000 to $400,000. This value range is very broad because it encompasses a very wide range of potential circumstances impacting both economic damages and pain and suffering damages.