CooperSurgical IVF Lawsuit

Cooper Surgical IVF Lawsuit Overview

CooperSurgical LifeGlobal culture media is a specialized solution used during in vitro fertilization (IVF), to support the growth and development of embryos outside the body. It provides the necessary nutrients and environmental conditions that mimic the natural uterine environment, to facilitate the growth of embryos before they are transferred to the uterus.

However, CooperSurgical announced an IVF culture media recall in December 2023, after discovering the culture media was defective and toxic to embryos, leading to their degradation instead of growth. This resulted in a number of reports involving failed IVF treatment after the culture media destroyed embryos, making them unusable.

As a result of the recall, a growing number of CooperSurgical IVF lawsuits have been filed by families who have lost embryos, claiming that the defective culture media caused significant emotional and financial damages due to failed fertility treatments.

Who Qualifies for a Cooper Surgical IVF Lawsuit?

Financial compensation may be available through an IVF lawsuit for families who experienced the loss of embryos due to the recalled CooperSurgical culture media.

To determine if you or a loved one qualify for an IVF lawsuit, submit information for review by a lawyer, who will evaluate the circumstances of your potential claim.

Attorneys handle all Cooper Surgical IVF lawsuits on a contingency fee basis, which means that there are no fees or expenses paid unless a settlement or lawsuit payout is received.

2024 CooperSurgical IVF Lawsuit Updates

October 11, 2024 Update: Despite a growing number of CooperSurgical embryo loss lawsuits being filed nationwide, each raising similar questions of fact and law, the U.S. JPML denied a motion to transfer CooperSurgical claims before one judge for coordinated pretrial proceedings on October 4, 2024. As a result of the JPML’s ruling, each claim will continue to be handled separately in the court where plaintiffs originally filed. Lawyers are continuing to review new CooperSurgical embryo loss lawsuits for individuals nationwide.

September 25, 2024 Update: Parties are preparing to meet with the JPML tomorrow on September 26, where plaintiffs will present arguments to centralize the claims before one judge in the Northern District of California, where at least 30 claims are currently pending. According to the notice of hearing session, three additional claims are filed throughout Florida, New Mexico and Oregon District Courts.

August 21, 2024 Update: On August 16, the U.S. JPML issued a Notice of Hearing Session, scheduling oral arguments on the motion to create a CooperSurgical Culture Media recall lawsuit multidistrict litigation for September 26, 2024, at the Fred D. Thompson U.S. Courthouse and Federal Building in Nashville, Tennessee. At that time, the panel will determine whether the issues in the CooperSurgical IVF recall lawsuits raise sufficiently common questions to justify establishing an MDL, as well as what venue will be the most appropriate to manage the litigation.

July 31, 2024 Update: Plaintiffs filed a response to CooperSurgical’s opposition (PDF) on July 30, arguing that individual issues do not outweigh the common questions raised in the litigation around the defectively designed culture media that destroyed patients embryos. Plaintiff’s argue that absent centralization, the courts will be left to oversee parallel and overlapping pretrial motions, discovery and expert work.

July 24, 2024 Update: CooperSurgical filed an opposition to centralize LifeGlobal Media recall lawsuits (PDF) on July 23, indicating that many individualized factors affect embryo development in and out of a laboratory setting, which will make centralized pretrial proceedings “unworkable, unmanageable, and inefficient.”

June 28, 2024 Update: With at least 30 lawsuits filed throughout the federal court system, a group of plaintiffs filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML) on June 27 seeking to centralize all CooperSurgical IVF recall lawsuits.

April 24, 2024 Update: A series of CooperSurgical LifeGlobal Media recall lawsuits have been filed in recent months by couples whose embryos were destroyed due to inadequately designed culture media recalled in December 2023.

December 6, 2023 Update: CooperSurgical issued a LifeGlobal Media recall (PDF) on December 5, 2023, warning that the company had become aware of a sudden increase in the number of failed embryos after being treated with certain lots of culture media.

Understanding In Vitro Fertilization (IVF)

IVF is an assisted reproductive technology used in a fertility clinic setting to aid individuals and couples in achieving a successful pregnancy to conceive a child.

The IVF process includes several critical stages. First, medication is used to induce ovulation, encouraging the ovaries to produce multiple eggs instead of the usual single egg. Once these eggs mature, they are surgically retrieved from the ovaries by a fertility doctor.

These eggs are then fertilized in a lab at the IVF clinic, typically by combining them with sperm, though in cases where fertilization may be compromised, a procedure known as intracytoplasmic sperm injection (ICSI) is used to inject a single sperm directly into an egg.

Following fertilization, the fertilized eggs are cultured in a controlled environment using specialized culture media to support their development into embryos. The final step involves selecting one or more embryos for transfer into the uterus, where they can implant and develop into a pregnancy.

What is CooperSurgical Culture Media?

CooperSurgical Culture Media is a specially formulated solution used in IVF treatment designed to support the growth and development of embryos in the laboratory during IVF. This media mimics the natural uterine fluids, providing the essential nutrients and optimal conditions needed for embryos to thrive.

How CooperSurgical Culture Media Is Used in IVF

• Nutrient Supply: The culture media supplies all the necessary nutrients that embryos need for cell division and growth.
• Environmental Stability: It helps maintain a stable environment around the embryos, keeping parameters like pH and osmolarity controlled, which are critical for embryo viability.
• Development Support: By simulating the natural conditions of the womb, the culture media supports the critical initial stages of development until the embryos are strong enough to be implanted.

What is CooperSurgical Culture Made of?

The exact composition of CooperSurgical Culture Media can vary based on the product line and the specific stage of embryo development it supports, but generally, these culture media contain a combination of the following components:

• Amino Acids: Essential for protein synthesis, amino acids support the growth and development of the embryo.
• Carbohydrates: Typically glucose, which provides energy necessary for cell division and development.
• Vitamins and Antioxidants: These help to maintain cellular function and protect cells from oxidative stress.
• Minerals and Electrolytes: Important for maintaining osmotic balance and proper physiological function of cells.
• Buffers: To maintain the pH level of the medium, ensuring it remains stable and suitable for embryo development.
• Growth Factors and Hormones: Sometimes included to enhance the media’s ability to support embryo development.

CooperSurgical Global Media Recall Notice to Fertility Clinics

On December 13, 2023, CooperSurgical, Inc., issued a LifeGlobal Media recall, instructing fertility clinics to immediately quarantine any affected products and to respond to the recall notice by providing documentation of the quarantined items and arranging for their return to the manufacturer.

The specific lots included in the recall were:

• 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 recall of CooperSurgical culture medium used in IVF procedures was classified as a Class 2 recall by the FDA, which is defined as a situation where exposure to the violative product may cause temporary or medically reversible adverse health consequences, or where serious adverse health consequences are unlikely.

Several fertility doctors notified patients that the defective embryo culture media had been used during specific weeks in November and December 2023. However, reports from other potential clients suggested that embryos failed to develop outside these specified times, raising concerns that the defects might have persisted longer than initially identified.

How Does Recalled CooperSurgical Media Destroy Embryos?

According to the FDA recall notice, the recalled CooperSurgical LifeGlobal Media may lead to impaired embryo development before reaching the blastocyst stage, a critical early phase where the embryo matures and prepares for implantation.

Lawsuits claim that the affected lots of LifeGlobal Media were manufactured with inadequate amounts of magnesium, a critical nutrient required in any culture medium used to develop embryos, leading to the destruction or irreparable impairment of the embryos.

CooperSurgical IVF Class Action Lawsuits

Since the company only notified retailers and distributors about the recall, a number of couples who incurred the financial and emotional costs associated with failed fertility treatment are only now learning that defective CooperSurgical IVF culture media may be responsible for their lost embryos.

This has led to a growing number of CooperSurgical IVF culture media lawsuits being filed in different federal courts nationwide since December 2023.

Given the growing number of IVF embryo loss lawsuit being filed against the manufacturer, each raising similar questions of fact and law, plaintiffs filed a motion to transfer with the U.S. Judicial Panel on Multidistrict Litigation (JPML) on June 27.

The motion requested that the cases be centralized before one judge in the U.S. District Court for the Northern District of California, since that is the jurisdiction where the manufacturer’s headquarters are located and where the majority of lawsuits have been filed.

While CooperSurgical filed an opposition to the centralization of the claims on July 23, indicating that many individualized factors affect embryo development in and out of a laboratory setting, the U.S. JPML issued a Notice of Hearing Session (PDF) on August 16, scheduling oral arguments on the motion for September 26, 2024, at the Fred D. Thompson U.S. Courthouse and Federal Building in Nashville, Tennessee.

At that time, the panel will determine whether the issues raised in the CooperSurgical IVF recall lawsuits raise sufficiently common questions to justify establishing an MDL, as well as what venue will be the most appropriate to manage the litigation.

Allegations Raised in CooperSurgical Embryo Loss Lawsuits

The allegations raised in CooperSurgical IVF lawsuits focus on several key issues regarding the company’s handling of patients frozen embryos and culture media products:

• Strict Product Liability (Manufacturing Defect and Failure to Warn): Alleging that the defective Global Media was unreasonably dangerous and that CooperSurgical failed to warn about the risks.
• Negligence: Claiming that CooperSurgical breached its duty of care in manufacturing, testing, and recalling the defective product.
• Negligent Failure to Recall: Alleging that CooperSurgical failed to issue a timely recall despite knowing about the potential defects.
• Trespass to Chattels: Claiming that the use of defective Global Media constituted an interference with the plaintiffs’ property rights to their embryos.
• Unjust Enrichment: Asserting that CooperSurgical was unfairly enriched by selling a defective product.

These allegations have significant implications for the broader fertility industry, raising concerns about the trust and reliability placed in large corporations within this sector.

How Much is a CooperSurgical IVF Lawsuit Worth?

Fertility treatments represent a significant emotional and financial investment, often involving tens of thousands of dollars. When defective products such as the recalled CooperSurgical Global Media lead to the loss of embryos, it can having a tolling effect on families.

The emotional impact is profound, as many families lose not only their embryos but also their dream of having biological children.

Lawyers are pursuing financial compensation for families over the financial and emotional distress caused by the manufacturers alleged negligence for;

• Financial losses from wasted IVF treatments and related expenses.
• Loss of property rights to the damaged or destroyed embryos.
• Emotional distress and mental anguish caused by the embryo loss and the impact on the potential for pregnancy.

Examples of CooperSurgical IVF Lawsuits

CooperSurgical Embryo Loss Lawsuit: Brooke and Michael Oxendine filed an IVF lawsuit against CooperSurgical, over embryo loss caused by the company’s recalled LifeGlobal embryo culture media in the U.S. District Court for the Northern District of California on April 11, 2024.

The lawsuit claims that the company failed to adequately monitor their manufacturing systems and processes, which allowed for the culture media to be manufactured without sufficient amounts of magnesium or other critical elements. It also argues that the company failed to adequately test or inspect the recalled batches until after complaints from fertility clinics, warning that LifeGlobal media was destroying embryos rapidly.

CooperSurgical IVF Class Action Lawsuit: A Connecticut woman by the name of J.G. filed an IVF class action lawsuit against CooperSurgical in the U.S. District Court for the Northern District of California on July 30, 2024, seeking class action status for all women and couples affected by the recall nationwide.

J.G. claims that all of her embryos were lost due to the use of the recalled culture media. The lawsuit indicates that the fact that this occurred during the final stages of fertility treatment were devastating, raising concerns that she may have lost her opportunity to bear children.

Contact an IVF Lawyer

IVF lawyers are providing free consultations and claim evaluations for individuals whose embryos were destroyed due to recalled CooperSurgical Global Media.

How do I Join the IVF Class Action Lawsuit?

To determine whether you or a loved one may be eligible for a CooperSurgical IVF lawsuit settlement, submit information about your potential claim for review by a lawyer to determine whether a settlement or lawsuit payout may be available.

There are no fees or expenses unless a recovery is obtained in your case.