Cooper Surgical IVF Lawsuit [November 2024 Update]

CooperSurgical IVF Lawsuit Overview

The CooperSurgical IVF Lawsuit centers around claims that the company’s defective embryo culture media, used in in-vitro fertilization (IVF) treatments, led to the destruction of viable embryos.

The embryo culture medium, essential for supporting the growth of embryos, was found to be missing critical nutrients, such as magnesium, necessary for proper embryo development.

As a result, many families experienced devastating losses during their IVF cycles, with embryos failing to develop or being rendered non-viable shortly after fertilization.

The product recall, which was quietly issued by CooperSurgical in December 2023, has affected an estimated 20,000 patients across the U.S. and internationally.

Lawsuits accuse the company of negligence, defective manufacturing, failure to properly test the product, and failing to inform patients directly of the risks.

Many plaintiffs argue that the recall came too late, after irreparable damage had been done, and that CooperSurgical prioritized profits over patient safety.

Families affected by the defective media are now seeking justice for the emotional and financial toll this disaster has caused.

Lawyers are actively investigating these cases and filing lawsuits on behalf of families impacted by the defective media, helping them seek compensation for emotional distress, medical expenses, and other damages.

Legal Grounds for CooperSurgical IVF Lawsuits

The lawsuits filed against CooperSurgical are built on several key legal theories, each aiming to hold the company accountable for the significant harm caused by their defective embryo culture media.

Families affected by the failure of CooperSurgical’s IVF solutions are pursuing claims that focus on multiple aspects of product liability, negligence, and ethical responsibility.

Legal grounds for CooperSurgical Lawsuits include:

• Strict Product Liability: Plaintiffs allege that CooperSurgical is liable under strict product liability laws because they manufactured and sold a defective product that caused harm. The defective embryo culture media directly impaired embryo development, leading to their destruction.
  • Under this theory, plaintiffs argue that CooperSurgical is responsible for any harm caused by the product, regardless of intent or knowledge.
• Negligence: Central to these lawsuits is the claim of negligence. Plaintiffs argue that CooperSurgical failed to exercise reasonable care in the testing, design, and manufacturing of the embryo culture solution.
  • Despite the vital role this product played in the sensitive IVF process, CooperSurgical allegedly did not conduct proper safety testing, which could have prevented the widespread embryo loss.
  • The company’s delay in recalling the defective product is seen as a breach of their duty to protect patients.
• Failure to Warn: Another core legal claim involves CooperSurgical’s failure to warn fertility clinics and patients about the defective nature of their product.
  • The lawsuits assert that the company was aware, or should have been aware, of the defect but failed to provide timely warnings or public statements. Instead, the recall was quietly issued to clinics, leaving many patients unaware that the solution used during their IVF cycles was potentially harmful​.
• Trespass to Chattels: This legal doctrine, less commonly discussed in product liability cases, has been invoked in some of the CooperSurgical lawsuits. Plaintiffs claim that by providing a defective product, CooperSurgical interfered with their property rights—specifically, their embryos.
  • This interference, caused by the defective culture medium, is seen as an unjust violation of their rights to control their embryos’ development.
• Unjust Enrichment: Some lawsuits include claims of unjust enrichment, alleging that CooperSurgical profited from selling a defective product at the expense of patients and families. Plaintiffs assert that the company unfairly benefited from the sale of faulty media, while families endured emotional and financial devastation due to the loss of embryos​.

Is There a CooperSurgical Class Action Lawsuit?

Currently, the CooperSurgical IVF Lawsuits have not been consolidated into a class action lawsuit, but there is a strong push for them to be centralized into Multidistrict Litigation (MDL).

An MDL is a legal process that allows multiple similar lawsuits, filed across different federal courts, to be consolidated under one judge for pretrial proceedings.

This process streamlines discovery, reduces duplication, and helps prevent inconsistent rulings across various courts.

The plaintiffs in these cases, involving defective embryo culture media that caused embryo destruction during IVF treatments, are seeking to centralize more than 30 lawsuits in the Northern District of California.

The difference between a class action and an MDL lies in how the individual lawsuits are handled.

In a class action, all plaintiffs are treated as part of a single legal entity, with one outcome that applies to all members of the class.

Conversely, in an MDL, each lawsuit remains separate, but common issues—such as discovery and pretrial motions—are handled collectively to streamline the process.

After pretrial proceedings, if no settlement is reached, cases in an MDL can be returned to their original courts for individual trials​.

Potential CooperSurgical Lawsuit Settlement Amounts

Potential settlement amounts for the CooperSurgical IVF lawsuits could vary widely depending on the specifics of each case, including the emotional and financial damages suffered by the plaintiffs.

Early estimates suggest that successful claims could range between $50,000 and more than $300,000, considering potential compensation for both the cost of failed IVF treatments and the emotional distress caused by the loss of embryos.

It’s important to note, however, that these figures are only projections and do not guarantee a specific outcome.

Settlements in mass tort cases, like those involving defective IVF culture media, often depend on the strength of the evidence, expert testimony, and the resolution of early bellwether trials in an MDL​.

Each case is unique, so it is essential to consult a lawyer for a personalized assessment of your potential compensation.

This will help you understand your legal rights and set realistic expectations for the outcome of your case.

What is the CooperSurgical Embryo Culture Solution and Why is it Defective?

The CooperSurgical embryo culture solution is a specialized liquid medium used during in-vitro fertilization (IVF) to support the growth and development of embryos.

This solution is intended to provide vital nutrients and environmental conditions that embryos need to thrive between fertilization and implantation.

Unfortunately, several batches of this solution were found to be defective, missing critical components like magnesium, an essential nutrient for cellular development.

As a result, embryos exposed to this faulty solution failed to develop properly, leading to devastating losses for families undergoing IVF treatments.

CooperSurgical issued a recall of the defective media in December 2023, but many couples had already experienced the damage by the time they were informed.

The recall was not publicly announced, leading to further frustration as some patients remained unaware their embryos were at risk.

The lawsuits claim that the company failed to properly test the product before distribution and delayed taking appropriate action once issues were discovered.

The CooperSurgical IVF Solution Recall Notice Explained

The CooperSurgical IVF solution recall was initiated in December 2023 after a sudden surge in complaints about the defective embryo culture media used in fertility treatments.

The recall specifically targeted three lots of the product that had been distributed to fertility clinics worldwide.

This media, which is designed to support the early development of embryos during in-vitro fertilization (IVF), was found to be missing critical nutrients, such as magnesium, essential for proper embryo growth.

The scope of the recall is significant, potentially impacting up to 20,000 patients worldwide, who were undergoing IVF treatments at the time.

This media, distributed under the LifeGlobal brand, was used to cultivate embryos in preparation for transfer to the uterus.

The recall notice was initially directed at fertility clinics, urging them to stop using the affected product.

However, many patients were left in the dark about the issue, as CooperSurgical did not make the recall public immediately, further contributing to the distress of affected families.

The defective media reportedly caused embryos to stop developing, leading to devastating losses for families relying on IVF to conceive.

Couples affected by this defective solution are now filing lawsuits, accusing CooperSurgical of failing to conduct adequate testing and delaying the recall, which exacerbated the harm.

The recall has led to numerous lawsuits seeking compensation for the emotional and financial toll on families.

Fertility clinics have also been urged to identify patients who were affected by the use of the recalled solution to offer necessary support and guidance.

Can You File a Lawsuit for Embryo Loss?

Fertility patients are filing lawsuits against CooperSurgical for the devastating loss of embryos caused by the company’s defective embryo culture media.

The lawsuits claim that CooperSurgical failed to properly test its product and delayed recalling it, leading to irreparable harm for thousands of families.

Many plaintiffs are seeking compensation for the emotional distress, financial losses, and medical costs associated with their unsuccessful IVF treatments.

Embryo Loss Lawsuits aim to hold CooperSurgical accountable for the defective media that impaired embryo development and shattered families’ hopes of having children.

If you have experienced the devastating loss of embryos due to CooperSurgical’s defective IVF media, you may have the right to file a lawsuit.

Contact the experienced attorneys at TorHoerman Law for a free consultation.

Use the chatbot on this page for a free case evaluation and to get in touch with our lawyers today.

Are Fertility Clinics and Fertility Doctors Facing Lawsuits?

Fertility clinics and fertility doctors are not the primary targets of the lawsuits related to the CooperSurgical IVF solution, but they are indirectly involved.

The lawsuits primarily focus on CooperSurgical itself for manufacturing and distributing the defective embryo culture media.

However, there are concerns that fertility clinics may have continued using the defective solution without fully informing patients once the problem became known.

This has led to frustrations among affected families, as some clinics did not notify patients in a timely manner about the potential harm to their embryos.

Several fertility doctors played a crucial role in uncovering the defects in the culture media, as they noticed abnormal outcomes in embryo development and alerted CooperSurgical.

Gathering Evidence for Your Lawsuit

Gathering evidence is a critical part of building a strong case for your CooperSurgical Embryo Loss Lawsuit.

Evidence will help demonstrate how the defective product directly impacted your IVF treatment and the resulting emotional and financial damages.

Your legal team will work with you to collect and present this evidence to substantiate claims of negligence and product liability.

Proper documentation will ensure that your case is as strong as possible when seeking compensation for the harm caused.

Evidence in a CooperSurgical Lawsuit may include:

• Medical records documenting the IVF treatments and the use of CooperSurgical’s embryo culture media.
• Fertility clinic correspondence detailing the recall and potential defects in the media used during your treatment.
• Expert testimony from fertility doctors and embryologists who witnessed the failure of embryos to develop.
• Receipts and invoices for the costs of IVF treatments and related expenses.
• Communications with CooperSurgical or your fertility clinic regarding the defective product.
• Psychological evaluations or records that demonstrate the emotional distress caused by the loss of embryos.
• Photographs or reports documenting the embryos’ development and sudden failure to thrive.

Assessing Damages in Your Lawsuit

Assessing damages in your lawsuit involves understanding the full scope of the financial and emotional toll caused by the loss of your embryos due to CooperSurgical’s defective embryo culture media.

The damages you seek will reflect not only the financial cost of failed IVF treatments but also the significant emotional distress that comes with losing embryos.

Your legal team will carefully evaluate these damages to ensure that you pursue fair compensation for all the losses you’ve experienced.

A thorough assessment of your case will provide the foundation for seeking both economic and non-economic damages.

Potential damages in a CooperSurgical Lawsuit may include:

• Medical costs associated with failed IVF treatments and any future fertility procedures necessary to replace lost embryos.
• Emotional distress caused by the devastating impact of losing embryos that were integral to your family-building plans.
• Lost wages or income if the emotional toll or medical appointments required you to take time off from work.
• Costs for psychological counseling related to processing the grief and trauma from the loss of embryos.
• Punitive damages that may be pursued if it is proven that CooperSurgical knew about the defective media and failed to act in a timely manner.
• Out-of-pocket expenses related to the IVF process, including travel costs or medications, made futile by the lost embryos.
• Compensation for lost embryos representing not only financial investment but the emotional hope of having a child.

TorHoerman Law: Investigating CooperSurgical IVF Solution Lawsuits

TorHoerman Law is actively investigating claims related to the defective CooperSurgical IVF solution, which has caused significant emotional and financial harm to families undergoing fertility treatments.

The faulty embryo culture media, used in in-vitro fertilization (IVF) procedures, has been linked to the loss of viable embryos, leaving many families devastated.

These lawsuits not only aim to hold CooperSurgical accountable for their negligence but also seek compensation for the profound impact this product defect has had on families’ futures.

If you or a loved one have experienced the devastating loss of embryos due to CooperSurgical’s defective IVF solution, you may be entitled to seek compensation for the emotional and financial toll it has caused.

Contact TorHoerman Law for a free consultation, or use the chatbot on this page to get in touch with our team.

Our attorneys have decades of experience representing victims of personal injuries, wrongful death, product liability, and other related cases.

We understand the trauma that you and your family have endured during this challenging time, and we are committed to standing by your side, offering compassionate support while we fight for the justice and compensation you deserve.