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CooperSurgical IVF Solution Lawsuits

As allegations of embryo fatalities prompt public scrutiny, legal challenges are mounting against CooperSurgical and its IVF solution. Stay informed of the latest updates on the CooperSurgical IVF solution lawsuits, including their current statuses and other legal developments, and discover whether you qualify to participate in these lawsuits.

This is an active lawsuit

See if You Qualify for an IVF Solution Lawsuit

You may be eligible for compensation if you underwent IVF treatment that used CooperSurgical IVF Solution and it failed.

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Last Modified: May 14, 2024
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CooperSurgical IVF Solution Lawsuit Facts
CooperSurgical, Inc., The Cooper Companies, Inc.
Embryos tainted or killed by IVF solution
Status of Cases
Initial stages; no trials scheduled
Top Settlements
None announced

Latest CooperSurgical IVF Solution Lawsuit Updates

Plaintiffs are filing lawsuits against fertility technology company CooperSurgical, Inc., over its embryo culture solution sent to in vitro fertilization, or IVF, clinics nationwide. According to The New York Times, at least eight couples had filed lawsuits by February 2024.

As of May 2024, CooperSurgical IVF solution lawsuits are in the initial stages. There have been no trials scheduled or settlements offered. Currently, these are individual lawsuits and have not been consolidated into federal multidistrict litigation, or MDL.

CooperSurgical IVF Lawsuit Timeline
  • April 2024
    CooperSurgical filed multiple motions to dismiss some California cases against the company. Judge Jon S. Tigar granted plaintiffs until May 2024 to respond.
  • February 2024
    The FDA made CooperSurgical’s recall public on Feb. 14. On Feb. 15, a Virginia couple became the eighth in two months to file a lawsuit against CooperSurgical after losing embryos.
  • December 2023
    On Dec. 14, a couple in Los Angeles, California, filed the first IVF solution lawsuit against the company. By Dec. 20, CooperSurgical issued an Urgent Media Recall Field Safety Notice regarding three lots of its embryo culture medium after receiving “a sudden increase in complaints.”

Because a single bottle of embryo solution can be used for multiple IVF patients, lawyers expect many more cases to be filed. Embryologist Mitchel C. Schiewe told the NYT an estimated 20,000 patients could be affected by the recalled solution.

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Why Are People Filing IVF Solution Lawsuits?

People are filing IVF solution lawsuits against CooperSurgical because plaintiffs claim the company’s solution for growing embryos during IVF caused embryos to die instead of continuing to develop. This caused serious heartache and financial loss for couples who were hoping to grow their families.

“It makes me want to cry for these couples. Because the emotional stress that you’re already under just trying to have a baby and what you are putting your body through is a lot. Then this product is out there and potentially killing those embryos and the potential of that life being made,” fertility treatment patient Holly Bower told Drugwatch.

Causes of action brought against CooperSurgical include:
  • Manufacturing defects
  • Design defects
  • Improper testing
  • Failure to warn
  • Gross negligence
  • Failure to recall

Plaintiffs are suing for financial as well as emotional damages, such as pain and suffering. IVF is not a simple process and involves the surgical extraction of human eggs. It involves injections that can be painful, ultrasound procedures and other treatments. Risks include ovarian hyperstimulation and complications from the egg retrieval procedure. It’s also very expensive.

“It makes me want to cry for these couples. Because the emotional stress that you’re already under just trying to have a baby and what you are putting your body through is a lot. Then this product is out there and potentially killing those embryos and the potential of that life being made.”
Holly Bower fertility treatment patient

Who Qualifies To File a IVF Solution Lawsuit?

If you underwent an IVF procedure in which CooperSurgical embryonic growing solution was used and your embryos were damaged, tainted or died, you may qualify to file a lawsuit.

According to the latest data from the Department of Health and Human Services from 2021, more than 86,000 infants born that year were conceived using assisted reproductive technology (ART). IVF represents more than 99% of these ART procedures.

CooperSurgical’s solution was used in IVF clinics across the U.S., and there is a chance that this defection

First Couple Sues CooperSurgical

Plaintiffs A.B. and C.D. were the first couple to file their lawsuit in December 2023 in the Superior Court for the State of California County of Los Angeles.

The couple lost 34 fertilized eggs, according to their complaint. Because of the highly irregular result, the fertility clinic’s lab technician reached out to other labs that also reported unexplained embryo deaths. All the labs used CooperSurgical’s embryo culture media.

It was only after the embryologists sent a formal letter to CooperSurgical, that the company issued recall letters to clinics in late 2023. The plaintiffs later learned that the solution that killed their embryos was a part of the recalled lots.

IVF Solution Recalls

In December 2023, CooperSurgical began sending out urgent recall notices to IVF clinics for three lots of its embryo culture media. The FDA posted the recall on its site in February 2024.

“The firm has become aware of a sudden increase in complaints for three associated lots. Performance issues may lead to impaired embryo development before the blastocyst stage,” CooperSurgical said in the recall notice published as a Class 2 recall by the FDA.

Recalled product model numbers and lot 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

The exact cause of the embryo deaths is not yet known, but the company says it is investigating. CooperSurgical reported that they sold 994 bottles of the recalled solution worldwide. Of those, they sold 481 bottles of the recalled solution in the U.S.

Please seek the advice of a medical professional before making health care decisions.