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CooperSurgical Lawsuit Attorneys

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IVF Embryo Contamination Lawsuits: CooperSurgical Media Recall

The Lyon Firm is investigating IVF contamination claims following widespread reports of patient embryo loss in connection with CooperSurgical products.

In late 2023, doctors at CNY Fertility clinics began reporting serious issues involving “culture media,” a critical in vitro fertilization (IVF) product produced by CooperSurgical Inc. 

American-Association-of-JusticeAfter an investigation, CooperSurgical recalled the allegedly defective culture media that was sold to fertility clinics nationwide, compromising an unknown number of viable embryos. 

If you have experienced unexpected embryo loss from a contaminated culture media, contact our legal team at (513) 381-2333 for a free consultation. Read on to learn more about the recent CooperSurgical recall and consider your next steps. 

What Happened? CooperSurgical Embryo Loss

The medical device company apparently first learned of the contaminated media following a letter formalized by a group of CNY Fertility embryologists who believed the company’s product impaired embryo development. The physicians said they suspected that an ineffective culture media (a solution used to support cell growth in the early stages after fertilization) was solely responsible for the loss of the embryos. 

CNY Fertility has since informed patients at their Syracuse, Albany, and Sarasota offices that they had been using recalled global culture media from CooperSurgical in November and December 2023. 

Several lawsuits have now been filed against CooperSurgical for distributing a defective product. Plaintiffs allege that the company carelessly sold IVF culture media that did not safely do what it was expressly intended for. Attorneys argue that CooperSurgical should have ensured their culture media was safe and effective before making it available to fertility clinics and IVF treatment patients. 

If your IVF treatment failed because your doctors used one of the recalled products from CooperSurgical, you may have a legal claim against the company. Victims can seek compensation for the loss of their irreplaceable embryos, and for all losses related to a failed treatment plan. 

What Compensation is Available in a CooperSurgical Lawsuit?

When clinical malpractice or corporate negligence upends your fertility treatment plan, an embryo contamination lawsuit may be filed to compensate you for the following:

  • The stress and emotional trauma of losing embryos
  • All medical expenses associated with IVF treatment
  • The cost of potential future fertility treatment
  • Income lost due to medical appointments
  • Punitive damages may also be considered to properly hold companies liable for their alleged negligence, and to attempt to discourage similar behavior in the future


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Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.

The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.


The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.

In cases where a fatality has resulted, it may be necessary to file for compensation for wrongful death losses as well. Various other legal issues may be present in such cases, such as medical malpractice or hospital negligence

Such cases can be complex, so contact a lawyer if you have any questions about your legal rights. 

Embryo failure due to a defective CooperSurgical product can be devastating and heart-wrenching for the family. If you or a loved one were affected by such defective products, you may be entitled to receive compensation. Contact us at (513) 381-2333 to schedule a free consultation to discuss your next steps.

What Is Embryo Culture Media?

Culture media is a solution used by embryologists to support cell growth from fertilization to implantation. Embryo culture media plays a critical role in the IVF process. The media serves as the essential substance in which an egg is immersed when it is fertilized and during its development. 

Unfortunately, CooperSurgical allegedly produced and distributed batches of this solution that were either contaminated or lacked the proper magnesium level, causing an unknown number of viable embryos to fail unexpectedly. 

Such embryo failures can be very costly, and emotionally devastating to families seeking IVF, particularly when under the stress of a strict timetable. The process of extracting human eggs from a woman typically requires significant medication, frequent blood work, ultrasound monitoring, and performing an invasive surgical procedure to collect the eggs.

Many women will now have to repeat the rigorous process if they elect to do so, beginning with requiring another hysteroscopy before they can move forward with another IVF cycle. 

A woman only has a limited number of eggs, and this supply diminishes as part of the natural aging process. This further delay in the fertility treatment plan can mean the difference between a successful and a devastating outcome. 

If defective IVF culture media produced by CooperSurgical resulted in your nonviable pregnancy, filing a claim may be the best course of action to hold the company accountable. 

CooperSurgical Recall 

On December 5, 2023, CooperSurgical issued an “Urgent Media Recall: Field Safety Notice” with regards to its LifeGlobal global® Media. This recall was issued after clinical embryologists noticed statistical anomalies in which very few or none of their on-site embryos were developing properly. Recall letters were sent directly to fertility clinics, rather than to individuals. 

On February 14, 2024, the FDA posted a global medium recall on behalf of CooperSurgical, that included the following global culture media batch numbers:

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

Physicians and couples who had used these affected products during their IVF treatments reportedly found their embryos suddenly stopped growing or became nonviable shortly after creation. These outcomes were unexpected for both the patients and their fertility doctors. 

CooperSurgical’s subsequent investigation showed that the medical issues observed in the field were likely due to a reduced level of magnesium in the culture media. Lower levels of magnesium could impact embryo development, and prevent embryo development before reaching the blastocyst stage.

Why File a CooperSurgical IVF Lawsuit?

Fertility doctors, clinics, and patients trusted CooperSurgical to provide quality products to facilitate the arduous IVF treatment plan. The company has promoted its fertility products as well-researched, tested, and safe for the process of growing fertilized eggs into viable embryos through in vitro fertilization. The company has made claims that its embryo media is manufactured in “world-class” facilities to the “highest standards for product safety and reliability.” 

This latest disturbing timeline of events, however, runs counter to what CooperSurgical has promised to consumers. It is clear that the company may have failed to sufficiently test the embryo culture media that they manufactured, marketed and sold to CNY Fertility and other nationwide fertility clinics. Thus, many couples have elected to take legal action for CooperSurgical contamination issues. 

In addition to the huge amounts of time and emotional energy expended on IVF treatments, many individuals have stressed their personal and household finances to take a chance.

photo of data breach attorney Joe Lyon

Why Hire The Lyon Firm for CooperSurgical Contamination Issues?

We know the process of harvesting eggs is very difficult on women. We understand that many couples only consider in vitro fertilization as their last or only option. Couples who cannot conceive naturally put their faith in safe and effective fertility treatments. When this process is unnecessarily disrupted by a preventable act of negligence, our consumer protection attorneys are on hand to represent you. 

Joe Lyon has two decades of experience handling a wide range of product liability cases, and has filed numerous defective medical device lawsuits on behalf of plaintiffs nationwide. 

If you believe your developing embryos were destroyed in the IVF process by a defective solution, contact us at (513) 381-2333 for a free consultation and to discuss your legal options. 


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Frequently Asked Questions

How long will a lawsuit take to complete?

When it comes to a CooperSurgical contamination lawsuit, there is no set or average time for how long the legal process will take. The duration and outcome depend on several factors, such as the severity of losses involved. More complex cases may result in a longer lawsuit to resolve the issues involved. 

Who can file a CooperSurgical recall claim?

Various individuals can file CooperSurgical lawsuits, depending on the facts and circumstances surrounding the claim. Both individuals and couples who are dealing with fertility-related issues may file lawsuits on the basis of a defective product claim. 

In some instances, even family members or partners may be able to pursue legal action if the fertility-related issues affected them directly. 

A lawyer can help determine eligibility for a lawsuit. They can identify the proper actions to take based on each individual’s unique situation. It is important to seek legal advice to understand your legal rights. 

When should I hire a lawyer?

You should hire a lawyer as soon as you believe you have a claim related to a CooperSurgical product. You should reach out and contact an attorney as soon as possible, as filing deadlines will apply. Once the window for filing a lawsuit closes, you may lose your ability to recover compensation for your losses.

A qualified lawyer can help ensure your case is filed in a timely manner and that you don’t miss any important deadlines or requirements. At The Lyon Firm, we have a long history of handling defective product cases. We also litigate related issues like prescription and medication error claims as well. 

How can a lawyer help me with a CooperSurgical lawsuit?

These types of lawsuits involve several steps and require a thorough grasp of the applicable laws. A lawyer can help by: 

  • Researching the applicable laws and regulations
  • Investigating the circumstances surrounding your case
  • Gathering and preparing evidence for trial
  • Developing a thorough litigation plan
  • Arguing for the ideal compensation for you under the law

Without a lawyer, it might be difficult to obtain the full justice you deserve. However, an experienced attorney can help ensure you receive the compensation you are entitled to. Contact us to start your free consultation.