The lawsuit after CooperSurgical alleges that the company’s faulty product destroyed their embryos.
Below, our IVF embryo loss lawyers detail the lawsuit and whether you could qualify.
What Happened With CooperSurgical?
CooperSurgical, which is a major medical supply company, recalled approximately 1,000 bottles of its culture media. On December 13, 2023, the company let affected fertility clinics know, stating that “performance issues may lead to impaired embryo development.”
However, some of the clinics had already opened and used the defective product. Each bottle includes enough media for several patients. According to the New York Times, experts estimate that tens of thousands of hopeful parents could be affected.
What Was the Issue With the Culture Media?
Culture media, also known as growth media, is a nutritious liquid or gel that helps fertilized eggs become embryos. It includes a combination of nutrients that embryos need. Culture media is regularly used with in-vitro fertilization (IVF), in which the sperm and eggs create embryos that then bathe in the culture medium.
The lawsuit claims that the affected batches were missing magnesium, which did not allow their embryos to develop. CooperSurgical claims that it “proactively” recalled the liquid after an “increase in complaints” about the embryo culture media, but the lawsuit claims that the company did so after the embryos were already rendered useless by the toxic liquid.
For a free legal consultation, call,
(888) 585-2188
What do I Need to Know About the Lawsuit?
As of the end of February 2024, over 100 families have sued the Connecticut-based company for the destruction of their embryos. The lawsuits are based on defective design and manufacture, failure to warn, and negligence.
The plaintiffs are suing for the costs associated with IVF, which can include:
- Finding an egg donor
- Egg retrieval procedures
- Sperm retrieval procedures
- Appointments
- Travel expenses
The costs associated will differ from plaintiff to plaintiff.
Can I File a Lawsuit Against CooperSurgical?
If your embryos were affected by defective embryo growth media, you likely qualify for a lawsuit. However, getting the justice and compensation you deserve will be difficult if you try to handle this on your own. Companies like CooperSurgical are backed by fearsome legal teams with one goal: save their company money. This means paying you less than you deserve—or nothing at all.
You don’t have to handle this process alone. Our IVF embryo loss attorneys are standing by, ready to help. Our team will investigate and determine whether you qualify. Our process will include:
- Matching up timelines (seeing if the defective media was used at the time your embryos failed to develop)
- Determining whether your fertility clinic used any of the toxic culture media (specific batches sent to specific clinics were affected)
- Determining whether your embryos were affected (e.g., they were not viable but there was no clear cause, they stopped developing soon after coming in contact with the growth media)
This will help us establish that you and your embryos were affected by the recalled lots of defective media and that you and your family deserve compensation.
We’ll help you fight to recover your:
- Travel expenses
- Medical expenses, such as sperm and egg retrieval, co-pays, or out-of-pocket appointment fees if insurance didn’t cover your IVF journey, and any future medical expenses that result from this experience
- Donor costs
- Lost wages, if you or your partner needed to take time off work for appointments or to recover from your loss
We’ll also fight for compensation for your non-economic damages, such as pain and suffering and mental anguish. IVF is an emotional journey to begin with; if you learned that another party’s negligence could cost you the potential of becoming a parent, you deserve compensation for thay trauma. You deserve compensation for your hopes of being a parent being dashed because a company failed to do its due diligence.
Because of the potential that CooperSurgical acted with gross negligence, punitive damages could also be available in your case. Punitive damages are rare, but our team can help you determine whether they might be available for your case.
We’ll walk you through every step of the IVF defective product lawsuit process, ensuring that you have the support you need during this difficult time.
Click to contact our personal injury lawyers today
Should I File a Lawsuit If My Embryos Were Affected?
We can’t make that decision for you; however, a lawsuit could help you begin the healing process and hold a negligent company accountable. It can also help you get back the money you spent trying to expand your family. IVF is often very costly and you should not be left with out-of-pocket costs for a treatment that didn’t work because a company failed to act in its customers’ best interests.
CooperSurgical claims that its products undergo rigorous testing and follow strict safety protocols but that is clearly not the case here. It shouldn’t get off scot-free for that.
Our team can explain the IVF defective product lawsuit process and what you can expect.
Complete a Free Case Evaluation form now
Can I Afford a Lawyer’s Help With My Lawsuit Against CooperSurgical?
Yes. We handle cases on a contingency-fee basis, which means you owe us nothing unless and until we recover compensation. This means there is no financial risk when you enlist our help. You have spent enough; allow us to help you for nothing upfront today.
See Whether You Qualify for IVF Defective Product Lawsuit Compensation Today
We can’t imagine how difficult this situation must be for you. While we know that nothing will make up for what happened, an IVF defective product lawsuit settlement could give you the compensation you need to recoup your losses and potentially try a new treatment, if that is what you want to do.
Our team is here to help you fight for justice with no upfront costs. Call Jenner Law today for a free consultation.
Call or text (888) 585-2188 or complete a Free Case Evaluation form