CooperSurgical IVF Embryo Lawsuits

W&L Filing CooperSurgical Lawsuits

Weitz & Luxenberg is encouraging individuals harmed by CooperSurgical’s defective embryonic solution to reach out to us. Cases have already been filed against CooperSurgical. ^{(2) (3)}

These individuals claim CooperSurgical’s solution for growing embryos for IVF destroyed the embryos they planned on being able to use to have children. The full scale of the potential harm is not yet known, but we know from speaking with our clients that the loss is devastating. CooperSurgical’s products had been distributed all over the U.S. before being recalled. ^{(4) (5)}

CooperSurgical Facing Multiple IVF Lawsuits

CooperSurgical, Inc., a Connecticut-based company, has issued a voluntary recall of its IVF embryonic solution due to complaints this substance was defective and destroyed many frozen embryos. Multiple IVF lawsuits have been filed across the country.

CooperSurgical Inc.’s parent company, Cooper Companies headquartered in San Ramon, California has also been named in several cases in state and federal courts in California. It has moved to dismiss the lawsuit, claiming it is only the parent company and is not involved in the IVF product. Also, CooperSurgical claims California courts do not have jurisdiction over the company.

People have spent a fortune on IVF procedures. For many, in vitro fertilization is their only and last chance to have a child. Then, they found out their precious embryos were destroyed.

Although the company says it issued its recall to look into concerns regarding its product, the damage for many has already been done.

IVF Is a Long and Painful Process

Sometimes people struggling with infertility opt to try IVF. IVF involves a complex series of procedures.

The goal is to implant a fertilized embryo into a woman’s womb and hope for a successful pregnancy. None of this process is easy. The process is emotionally and physically taxing.

To attempt a successful implantation:

• A fertility doctor must surgically extract eggs from a woman.
• Specialized scientists must fertilize those eggs with sperm in a laboratory.
• Prospective parents must wait and keep their fingers crossed to hear that a viable embryo begins to develop.

Sperm collection is pretty easy compared to the surgical extraction of human eggs. The process is physically draining, involves painful injections, ultrasound monitoring, and other treatments. The procedures are:

• Expensive.
• Time consuming.
• Risky medically, in some cases.
• An emotional roller coaster involving use of hormones by the prospective mother.

Plus, unlike sperm, human eggs are limited. They decrease in number and quality over time. For women over 35, the risk of miscarriages and chromosomal abnormalities rises.

Devastating News for Prospective Parents

The company disclosed multiple laboratories reported that the embryos either developed slowly or stopped developing before reaching the blastocyst stage.

“This is devastating news for a prospective parent,” says Ellen Relkin, Weitz & Luxenberg partner and chair of our firm’s Drug and Medical Device Litigation team. “For some, this procedure was their last chance at being able to have biological children.”

Ms. Relkin adds. “I can’t imagine what they’re going through right now. They trusted this company with their dream for a family, and CooperSurgical’s negligence has left them feeling betrayed and traumatized.”

CooperSurgical Failed Patients

CooperSurgical was responsible for providing the medium to help embryos develop and grow. Instead, the medium for embryonic development was potentially improperly manufactured, stored, and transported — or some combination of these. It also was inadequately — or not at all — tested and inspected for quality control and possible contamination.

Sadly, the destroyed embryos cannot be restored.

CooperSurgical IVF Recall

On December 13, 2023, CooperSurgical, Inc., “notified customers via Urgent Media Recall Field Safety Notice letters. Customers were instructed to quarantine affected product and respond to the recall notice.” ⁽⁶⁾

CooperSurgical says they were arranging for customers to return the affected product. Customers were receiving credit for these items. The lots recalled are:

• LGGG-020: UDI-DI 00815965020044, lot 231020-018741
• LGGG-050: UDI-DI 00815965020051, lot 231020-018742
• LGGG-100: UDI-DI 00815965020068, lot 231020-018743

CooperSurgical’s recall of its embryonic medium used during IVF procedures is a class 2 recall. According to the FDA, “Recalls are actions taken by a firm to remove a product from the market. Recalls may be conducted on a firm’s own initiative, by FDA request, or by FDA order under statutory authority.” ^{(7) (8)}

A Class 2 recall is “a situation in which use of or exposure to a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote.” ⁽⁹⁾

Some facilities advised patients the defective embryo media was in use only for certain weeks in November and December of 2023. “We have heard from other potential clients that their multiple embryos failed to grow at time periods before and after that window of time. It is entirely possible the recall was for too limited a time period and the defect existed for a longer time,” states Ms. Relkin.

Even if you have not received a recall notice, if your embryos failed to grow, it is possible that they were also impacted by the product failure. This is only something our attorneys can learn the truth about as the litigation proceeds. We can learn more during the discovery phase of the lawsuit. This is when an exchange of information takes place between the people suing and the company being sued.

People in Many States Affected by CooperSurgical Mistake

Nearly 1,000 bottles of CooperSurgical Global Media were included in the company’s urgent recall. These bottles were distributed across the United States.

The list of states receiving the defective solution includes:

• Alabama.
• Arizona.
• California.
• Colorado.
• Florida.
• Georgia.
• Illinois.
• Indiana.
• Iowa.
• Kansas.
• Kentucky.
• Louisiana.
• Maryland.
• Massachusetts.
• Michigan.
• Missouri.
• Nevada.
• New Jersey.
• New Mexico.
• New York.
• North Carolina.
• Ohio.
• Oklahoma.
• Oregon.
• Pennsylvania.
• Rhode Island.
• Tennessee.
• Texas.
• Utah.
• Vermont
• Virginia.
• Washington.
• West Virginia.

CooperSurgical Failed Their Patients

Ms. Relkin, and her team of defective drugs and devices attorneys have dedicated themselves to helping people harmed by defective products. In the case of CooperSurgical IVF, we are representing clients who have suffered great loss due to the failures of CooperSurgical, Inc.

W&L Attorneys Are Helping People Harmed by CooperSurgical, Inc.

Weitz & Luxenberg is encouraging anyone who has been harmed by CooperSurgical’s defective embryonic solution to reach out to us for more information. You may be eligible to file a CooperSurgical lawsuit.

W&L is a national firm with experience winning legal cases across the country. Our firm has won more than $19 billion in verdicts and settlements. Our history with representing clients facing infertility due to the wrongdoing of big pharma goes back 40 years.

We achieved settlements of tens of millions of dollars on behalf of many women when they discovered they were infertile due to a birth defect called a T-shaped uterus. This birth defect was caused by the medication diethylstilbestrol (DES), taken by their mothers during pregnancy. Ms. Relkin explains, “We are sensitive to the impacts of infertility and are proud of our pioneering work in the DES litigation. It not only paved a way for compensation for that loss, but also developed law recognizing the injury.”

For some women and their partners, the process of freezing fertilized embryos was their last hope of having children. And CooperSurgical has crushed that dream.

We invite you to speak with one of our attorneys about your CooperSurgical IVF lawsuit. We are prepared to help you explore your legal options. You may be entitled to seek compensation for the harm you have suffered.

Reach out to us by phone at (833) 977-3437 or using our online form. We want to help you get the justice you deserve.