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.
About IVF
IVF, short for in vitro fertilization, is an assisted reproductive technology (ART) used to aid individuals experiencing fertility challenges in achieving pregnancy.
This intricate procedure involves retrieving multiple eggs from the ovaries and fertilizing them with sperm outside the body, a process akin to natural fertilization.
After fertilization, the resulting embryos are incubated in a specialized culture media solution for several days to support their development.
Subsequently, one or more healthy embryos are carefully selected and transferred into the woman’s uterus using a fine catheter. If successful, one of these embryos will implant in the uterine lining, initiating a 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.
Contact Us About am Embryo Loss Lawsuit
If you suffered the loss of an embryo as a result of CooperSurgical’s defective culture medium, contact our product liability lawyers today to see if you qualify to file a lawsuit. Call us at 800-553-8082 or contact us online.