CooperSurgical Embryo Loss Lawsuit

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CooperSurgical is facing multiple lawsuits over the recall of its embryo culture solution because of the possibility that the solution is killing embryos during in vitro fertilization (IVF). The product is very popular in IVF procedures and is used in fertility clinics across the world. The recall notice of the product was not released publicly by CooperSurgical and no statement has been released. This situation could have extremely far-reaching ramifications across America and around the globe as families wonder if the loss of their embryo was caused by the defective product produced by CooperSurgical.

The countless couples who are possibly affected by this toxic solution have suffered a tragic scenario—and not by chance or the inherent difficulties of fertility treatments—but because of the alleged negligence and defective products made by CooperSurgical Inc. Quite simply, a giant pharmaceutical company put a product on the market they knew impaired embryo development.

CooperSurgical is owned by CooperCompanies and is a massive global medical device company listed on the S&P 400. The company also owns CooperVision which manufactures contact lenses while CooperSurgical manufactures medical devices and fertility products.

Human egg being fertilized with sperm during IVF treatment

The Allegations and Lawsuits Against CooperSurgical

At the beginning of January, two Los Angeles couples accused CopperSurgical of failing to recall their toxic embryo-developing solution before it destroyed the families' embryos.

The lawsuits specifically focus on an IVF solution that is used to encourage the growth of the embryo. The lawsuits claim that CooperSurgical failed to issue a recall notice for the toxic solution in a timely manner and that they only recalled their product after it had destroyed the embryos it was supposed to nurture.

These two families from Los Angeles could represent hundreds of more just like the families who have suffered due to defective products from CooperSurgical.

At this point, it appears that the affected families have not been notified nor has CooperSurgical said how many women and families were affected by their potentially defective product.

The current lawsuits are demanding financial compensation for a variety of damages, including:

  • Emotional distress caused by losing their embryos.
  • Medical expenses associated with IVF and potential future fertility treatments.
  • Lost wages due to emotional distress and medical appointments.
  • Punitive damages to penalize the company for their alleged negligence and to deter other companies from being similarly careless in the future.

Court Cases: A.B. et al. v. CooperSurgical Inc. et al. and E.F. et al. v. CooperSurgical Inc. et al. Click here to read the court filing.

What is IVF?

IVF or in vitro fertilization, is a type of assisted reproductive technology (ART) used to help people with fertility issues to conceive a child.

It is a complicated process that involves taking multiple eggs from a uterus and combining them with sperm (known as fertilizing, just like they would inside the body).

Once the patient's eggs have been fertilized with the sperm, the fertilized eggs, now called embryos, are placed into an embryo culture media solution to develop for several days.

Finally, one or more healthy developing embryos are selected and transferred into the woman's uterus using a thin catheter. If everything goes well, one of the embryos will attach, or implant, in the lining of the uterus and start a pregnancy.

What is an Embryo Development Solution?

In the field of IVF, an embryo development solution is a specially formulated liquid (called a culture medium) that mimics the natural conditions of the womb and provides the nutrients and environment necessary for an embryo to develop outside the body.

This solution is used in IVF procedures to support the growth and development of embryos until they are transferred to the uterus.

Because this is one of the most crucial phases of IVF treatment, it is important to use high-quality solutions so that the embryo is given the best chance of developing.

If the embryo cells stop dividing, stop growing, or show signs of abnormalities, it is considered "not developing" or " non-viable". This can happen at any stage.

In the case of the CooperSurgical lawsuit, it is alleged that the solution was toxic or somehow contaminated during production.

Who Uses IVF?

IVF, or In Vitro Fertilization, is a last hope for many people who dream of having a family. IVF is used by all kinds of people with a wide array of needs and circumstances:

  • Women with fallopian tube complications benefit from IVF since the tubes are bypassed entirely during the fertilization process.
  • Men with poor sperm quality or low sperm count use IVF since it allows for the direct selection and use of viable sperm.
  • Fertility clients who have not had success with other fertility treatments or experienced embryo loss in some other way often turn to IVF as a more controlled and precise method of ART.
  • Individuals with a hereditary condition may use IVF so that they can take advantage of preimplantation genetic diagnosis (PGD) to help prevent passing on genetic disorders.
  • Same-sex couples who want to have a biological child can use IVF in combination with one of the partner's sperm or egg or using donor sperm or egg.
  • Single people who want to be a parent can use IVF as a way to start a family even if they have not found the right partner or choose to have a baby without a partner.

The Potential Consequences of Embryo Loss and Defective IVF Products

The consequences of embryo loss on affected families are huge. These families or individuals are putting tens or hundreds of thousands of dollars and all their hope into IVF so that they can finally have a baby.

Then, the embryo is destroyed.

This setback could mean the loss of the only opportunity for parenthood these people have.

This isn't just about the loss of money though. For the plaintiffs, this is a matter of their rightful expectations being violated, emotional trauma, and of course, considerable financial investment.

IVF doctor speaking to a couple about fertility treatments

After filing these lawsuits, a focus has been put on fertility treatments and CooperSurgical and the products used in these procedures. These cases raise significant questions about the company's accountability, negligence, and lack of care for a product they knew held so many hopes and dreams and dollars within it.

The Aftermath of a Lost Embryo During IVF: Is it OK to Mourn Embryos?

Many people have an intellectual understanding that the loss of a 5-day-old fetus that was conceived in vitro is different from a child's death but that doesn't mean there isn't significant grief involved.

The journey through infertility treatments like IVF can be filled with high hopes and, sometimes, heartwrenching disappointments. A lost embryo is not just a physical or financial setback—it can be an emotional rollercoaster that may affect every aspect of your life.

It is common for individuals or couples to experience a profound sense of loss, accompanied by feelings of grief and frustration after the loss of an embryo. Remember that your feelings are valid, and you are not alone.

Emotionally, a lost embryo can cause deep feelings of inadequacy or failure, which can affect personal self-worth and relationships. This is common in IVF treatments that are not affected by negligence or a defective product. One can only imagine the feelings that come up when one learns that they lost their chance at a baby because a mega-corporation failed to warn anyone soon enough about the defective embryo culture media.

If you are going through this situation, it's important to give yourself permission to grieve and seek emotional support from a professional or by connecting with others who have had similar experiences.

Did CooperSurgical Know About the Defective Embryo Culture Media Solution?

It is alleged that CooperSurgical was informed about their contaminated solution through a formal letter from several embryologists. The letter to CooperSurgical made clear that the embryo culture media was behind the large number of reported lost human embryos.

CooperSurgical failed to notify fertility patients and instead chose to privately send a recall notice letter solely to fertility clinics.

So yes, they did know. How soon they knew and what, if any, steps they took to correct the situation or rectify it with the families is unknown.

This will come out during investigations and trials if CooperSurgical lets it get that far and doesn't just choose to settle with families for the demanded financial compensation.

How Can I Get Justice for My Lost Embryo?

For families who have faced the heartbreaking loss of their embryo due to CooperSurgicals embryo culture media solution, there may be a way that you can get some sense of justice for your loss.

Just like the families in LA, with the help of a defective medical device lawyer, you may be able to file a lawsuit and recover damages for your loss in the form of a personal injury lawsuit. This will allow you to potentially recoup your financial losses, as well as possible justice for the company's carelessness through non-economic damages and punitive damages.

At LLN, our expert defective medical device lawyers are actively reviewing cases on behalf of individuals impacted by the loss of embryos due to CooperSurgical’s faulty embryo culture media solution. It is believed that CooperSurgical knowingly distributed batches of the contaminated media solution, causing an unknown amount of potentially viable human embryos to fail.

Nobody needs to tell you how emotionally devastating and financially draining this situation can be.

When facing a giant corporation like CooperSurgical in a lawsuit the importance of trusting the law firm and attorney you choose is paramount. This is why LLN and Dolman Law Group are built on trust. We stand with you, committed to the pursuit of what's right, and with years of knowledge behind us, and behind you.

Dolman Law Group has been at the forefront of the fight against the harmful products put onto the market by the pharmaceutical and medical device industry. Our law firm has represented individuals against some of the biggest companies and products in the world, like Tylenol, Zantac, Ozempic, Monsanto, Philips, Enfamil, Meta, Uber and Lyft, the Catholic church, and so many more.

Let us bring that experience to your case and let's hold coopersurgical accountable.

If you suffered the devastating loss of your embryo during IVF treatment because of CooperSurgical, we can help. The skilled IVF contamination attorneys on LLN's legal team and their top-rated partner firm Dolman Law Group can help you file a lawsuit and get the justice you deserve.

You can call us directly at 727-451-6900 or contact us online.

We handle all cases and calls with confidentiality and compassion.

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