CooperSurgical Lawsuit Attorneys

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.

After 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

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.