CooperSurgical’s Defective Embryo Culture Solution Killed Viable Embryos, Lawsuits Claim

Plaintiffs allege IVF solution made by fertility and women's health company CooperSurgical was defective, and caused embryo death. Devastated parents claim CooperSurgical failed to properly test the embryo culture media meant to support fertilized embryo growth and development, and that the company’s recall was too late.  

Several couples have filed lawsuits against CooperSurgical, a major fertility tech company, after their embryos suddenly stopped growing—blaming CooperSurgical’s defective culture solution used to support growth of the developing cells. Patients are devastated over the loss of their future children, including a Virginia couple featured in an article published in the New York Times and two other California couples who lost their precious embryos to the recalled solution. There may be hundreds, perhaps thousands of other couples who have sustained the same painful, expensive loss due to CooperSurgical’s alleged negligence. Plaintiffs claim CooperSurgical failed to sufficiently test their embryo culture media and accuse the company of recalling affected lots of the product only after precious embryos were destroyed.

In December 2023, CooperSurgical released an “Urgent Media Recall” 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.

In vitro fertilization, or IVF, is an assisted reproductive technology process where an egg retrieved from a woman is combined with sperm “in vitro,” or “outside the body.” This fertilization takes place in a laboratory dish, where the fertilized egg is placed in a solution meant to support cell growth and development of the resulting embryo. The solution, known as culture media, is made up of a carefully-created combination of a basic salt solution with the addition of other carbohydrates and amino acids. It is imperative that this solution be prepared properly to provide the proper environment for embryos to thrive. After the embryo grows over the course of several days, the embryo is then implanted inside the woman’s uterus, where the body then nourishes the development of the future fetus. 

For many hopeful parents, however, their embryos stopped growing after they came in contact with CooperSurgical’s defective embryo culture media—the very solution meant to support their growth, ended it. Plaintiffs allege that CooperSurgical failed to properly create, inspect, and test the recalled culture media, and failed to immediately inform the public about the problem.

Preparing for and ultimately retrieving eggs from a woman’s ovaries as part of the IVF process is a timely and costly one. For many couples undergoing IVF, they may not be able to afford to repeat the process, or are faced with other limitations that don’t allow for another try. Losing irreplaceable embryos has also caused significant distress for couples hoping to start a family through IVF. Those affected by CooperSurgical’s recalled embryo culture media may be able to seek compensation for their:

• Emotional distress caused by embryo loss
• Medical expenses incurred on IVF treatments
• Lost wages caused by taking time off work for IVF treatments, or the distress you experienced due to the failed treatments

Did You Experience Embryo Loss from CooperSurgical’s Recalled Embryo Culture Media?

Grant & Eisenhofer’s mass tort attorneys Beth Graham, Sindhu Daniel, and Samantha Mertz are experienced in litigation involving women’s health—and specifically reproductive issues—having represented thousands of women in litigation the Essure contraceptive device, power morcellators, and talcum powder. If you or a loved one lost an embryo cultivated in CooperSurgical’s recalled defective embryo solution, you may have a claim. Contact us today to learn about your rights and what potential recoveries may be available to you to pursue due to this recall.

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.