A major CooperSurgical lawsuit has emerged following allegations that defective fertility products destroyed embryos at IVF clinics worldwide. Nearly 20,000 patients were allegedly affected when CooperSurgical’s culture media was found to be missing magnesium, a key nutrient critical for embryonic development. Following the discovery, the company issued a recall in December 2023, affecting approximately 1,000 bottles of the solution, with half purchased by clinics in the United States.
The fertility technology company now faces multiple lawsuits from patients claiming their embryos were destroyed by the defective IVF solution, including one recent claim from a Georgia couple who allegedly lost 16 embryos as a result of the CooperSurgical IVF solution recall. The legal actions highlight growing concerns about manufacturing problems in the rapidly expanding fertility industry.
Latest CooperSurgical IVF Lawsuit Details
A Georgia couple is the latest to file a lawsuit against CooperSurgical, alleging that the company’s defective Global Culture Media destroyed 16 of their embryos at a fertility clinic in Florida. “Our clients entrusted CooperSurgical with one of the most intimate and sensitive aspects of their lives — their hope for a family,” said an attorney representing the plaintiffs, Brittany Lanier and Joshua Yarboro. “The company’s failure to ensure the safety and efficacy of its product has caused irreparable harm. Brittany and Joshua have lost precious time, resources, and their chance to grow their family because of this preventable defect.”
The Yarboro’s lawsuit, which states that the couple “lost invaluable, irreplaceable property — embryos that could have grown into their children — and were emotionally, physically, and psychologically damaged,” adds to the mounting legal challenges the company faces after federal regulators made public that CooperSurgical had recalled several lots of the embryo culture medium. The embryo loss lawsuits against CooperSurgical outline the company’s alleged failure to:
- Properly manufacture and test culture media products
- Monitor manufacturing systems effectively
- Issue timely warnings about product defects
Plaintiffs are seeking both compensatory and punitive damages to hold CooperSurgical accountable for its alleged negligence. This latest legal action by the Georgia couple represents one of eight lawsuits filed against the company within a two-month period.
Understanding the CooperSurgical Recall
In December 2023, CooperSurgical initiated a Class 2 recall for three lots of its embryo culture media products. The recall encompassed 994 total bottles, with 481 distributed throughout the United States and 513 sent to international locations. Notably, the distribution reached 33 states within the U.S. and extended to 24 countries worldwide, including Canada, Japan, and various European nations.
The manufacturer’s investigation revealed that the culture media allegedly lacked magnesium, an essential nutrient for embryo development. Laboratory investigations indicated that the absence of this crucial component allegedly occurred due to manufacturing issues.
Consolidation of the CooperSurgical Recall Lawsuits
Attorneys representing individuals affected by the CooperSurgical recall requested the consolidation of more than 30 lawsuits against CooperSurgical into a multidistrict litigation (MDL) in the Northern District of California. The legal proceedings center around allegations of strict product liability, negligence, and failure to warn patients about potential risks, with potential damages including:
- Emotional distress and mental anguish
- Medical expenses and treatment costs
- Lost opportunities for biological children
- Future fertility treatment expenses
However, CooperSurgical has filed motions opposing the centralization of these lawsuits, arguing that individual factors affecting embryo development would make consolidated proceedings impractical. In October 2024, the U.S. Judicial Panel on Multidistrict Litigation denied the motion for centralization of these lawsuits.
What Can Affected Individuals, Couples, and Families Expect?
CooperSurgical’s alleged manufacturing defect has sparked significant concerns throughout the fertility treatment industry. Patients across 33 U.S. states and 24 countries allegedly lost their embryos due to defective culture media, leading to multiple lawsuits against the company. These claims highlight critical questions about quality control measures in fertility product manufacturing and emphasize the need for enhanced oversight, particularly given the fertility industry’s rapid growth and CooperSurgical’s significant market presence.
CooperSurgical IVF Solution Lawsuit Information
Coopersurgical IVF Solution Recall, Leading Justice
Class 2 Device Recall global Medium, FDA
