CooperSurgical Lawsuit: IVF Lawyer Explains Your Rights

CooperSurgical, Inc.’s Embryo Culture System faces scrutiny following a recall of three batches of its embryo culture media in December 2023 due to complaints of impaired embryo development before the blastocyst stage. Recent lawsuits target CooperSurgical, alleging that its defective in vitro fertilization solution caused the destruction of numerous embryos. Affected individuals and couples are pursuing legal action seeking compensation. This guide explores the details of the CooperSurgical lawsuit, offering insights into its ramifications and the legal options for those impacted.

What Exactly is IVF?

In vitro fertilization (IVF) is a method of assisted reproductive technology where eggs and sperm are brought together in a controlled laboratory environment. Whether it involves using a couple’s own reproductive materials or those from a donor, IVF is a detailed and intricate process that spans about 2 to 3 months per cycle. This includes steps like egg retrieval, fertilization, embryo transfer, and ongoing monitoring throughout the pregnancy phase.

IVF typically begins with closely monitoring and stimulating a woman’s ovulation to gather eggs from her ovaries. These eggs are then mixed with sperm in a special solution to facilitate fertilization. Once fertilization occurs, the resulting embryos are carefully placed into the woman’s uterus with the aim of achieving pregnancy.

IVF serves various purposes, including treating infertility and facilitating gestational surrogacy. It can also be coupled with pre-implantation genetic testing to screen for genetic disorders and prevent their transmission.

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cooper surgical lawsuit

Who Uses IVF?

IVF offers hope and options for those overcoming infertility or seeking alternative paths to parenthood. Here’s a breakdown:

  • Advanced maternal age: IVF is an option for older women experiencing difficulty conceiving naturally due to age-related fertility decline. 
  • Couples with infertility: IVF helps couples facing infertility due to various factors like blocked fallopian tubes, low sperm count, ovulation disorders, endometriosis, or unexplained causes. 
  • Fertility preservation: Individuals undergoing treatments like chemotherapy may freeze eggs or embryos with IVF for future use. 
  • Genetic disorders: IVF with preimplantation genetic testing assists couples at risk of passing genetic conditions to screen embryos before implantation. 
  • Reproductive assistance: IVF helps individuals with medical conditions affecting fertility, such as polycystic ovary syndrome or endometriosis. 
  • Same-sex couples: IVF enables same-sex couples to have biological children by using one partner’s eggs and donor sperm or a partner’s sperm. 
  • Single individuals: IVF allows single men and women to become parents using donor sperm, eggs, or surrogacy.

The Cooper Companies

The Cooper Companies, Inc., known as CooperCompanies, is a global medical device company headquartered in San Ramon, California. It comprises two main divisions: CooperVision and CooperSurgical.

CooperVision caters to contact lens wearers and eye care professionals. Its product lineup includes daily, bi-weekly, and monthly disposable lenses, along with spherical, toric, and multifocal lenses. These lenses address astigmatism, nearsightedness, farsightedness, and presbyopia.

CooperSurgical, established as a business unit in 1990, focuses on medical devices, fertility, and genomics. It specializes in women’s health and fertility, offering a variety of products and solutions for assisted reproduction, including embryo culture systems.

CooperSurgical's Embryo Culture System

CooperSurgical’s Embryo Culture System is tailored to optimize human embryology procedures during IVF treatments. It encompasses equipment, consumables, and expert embryology support from CooperSurgical Fertility Solutions. The system integrates various components, including culture media, filters, gas line filters, oil, incubators, and dishes tailored for IVF procedures.

The system minimizes damage and stress to gametes and embryos in vitro by providing a balanced mix of ions, energy substrates, and nutrients to support embryo development. It aims to safeguard embryos from stressors and maintain the essential homeostasis crucial for successful culture.

CooperSurgical collaborates with clinics and experts globally, fostering a network of scientific leaders, embryologists, and clinical training experts to ensure high-quality support and advancements in IVF technology.

CooperSurgical's Recall of Embryo Culture Media

CooperSurgical’s Embryo Culture System faced scrutiny following a recall of three batches of its embryo culture media in December 2023. The recall stemmed from complaints regarding impaired embryo development before the blastocyst stage. CooperSurgical noticed a sudden rise in complaints related to three specific lots, potentially impacting embryo development.

On December 13, 2023, the company issued Urgent Media Recall Field Safety Notice letters to notify customers. They instructed customers to quarantine the affected product and respond to the recall notice. CooperSurgical will coordinate the return of the affected product and provide customers with credit for returned items.

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Which Batches of CooperSurgical Culture Media Were Recalled?

The U.S. Food and Drug Administration posted a recall notice indicating that nearly 1,000 bottles of CooperSurgical culture media were affected, with around half sold to clinics in the nationwide.

The company notified affected clinics on December 13, 2023, warning them of performance issues that may lead to impaired embryo development and advising them to discontinue use of the product.

The three culture media lots recalled are:

  • LGGG-020: UDI-DI 00815965020044, lot 231020-018741 
  • LGGG-050: UDI-DI 00815965020051, lot 231020-018742 
  • LGGG-100: UDI-DI 00815965020068, lot 231020-018743

Numerous embryos had already been affected by the defective culture media at the time of the announcement. If you’ve experienced the loss of IVF eggs, an IVF lawyer from Ethen Ostroff Law can help you pursue a lawsuit against CooperSurgical to seek justice for your significant loss.

How to Contact CooperSurgical for Questions

If you have additional questions regarding the recall:

  • Contact a CooperSurgical Product Surveillance representative at 1 (203) 601-5200, Ext. 3300. 
  • Email CooperSurgical Recall at

Surgical Lawsuits Over Defective Embryo Culture Media

In January 2024, a married couple initiated a lawsuit in the Northern District of California against CooperSurgical and CooperCompanies. The lawsuit alleges that CooperSurgical, a manufacturer and seller of products to fertility clinics, distributed defective embryo culture media intended for supporting embryo growth during IVF. The couple claims that this faulty culture media resulted in the destruction or damage of nine of their embryos during the IVF process. They further allege that the company failed to publicly disclose the recall, leaving fertility patients uninformed.

Moreover, patients nationwide are pursuing legal action against the medical supply giant, claiming that the culture media supplied by the company destroyed their embryos. This fluid, essential for nurturing embryo development, was acknowledged by CooperSurgical to have potentially hindered embryo growth in a product recall notice, although the exact nature of the issue remains undisclosed.

Legal Basis of Lawsuits Against CooperSurgical

The lawsuits against CooperSurgical are founded on several specific allegations:

  • Contaminated IVF culture media: Plaintiffs allege that CooperSurgical provided contaminated culture media to clinics, resulting in the loss of pre-embryos. 
  • Defective medical device: Allegations state that the medical device may dislodge from the fallopian tube and migrate through the body, causing serious injuries. Plaintiffs argue that CooperSurgical failed to adequately warn patients about associated risks and address safety concerns. 
  • Failure to notify: Plaintiffs claim that CooperSurgical neglected to inform fertility patients directly and instead privately notified clinics of the recall. This lack of disclosure left plaintiffs unaware that their developing embryos had been affected by the faulty and toxic culture media, leading to their demise. 
  • Negligence and gross negligence: Plaintiffs assert that CooperSurgical demonstrated negligence and gross negligence, particularly in delaying the recall of the toxic solution and failing to issue a timely recall notice. 
  • Strict products liability: The lawsuits include claims of strict product liability, citing manufacturing defects, design defects, and failure to provide adequate warnings. 
  • Unjust enrichment: The lawsuits argue that CooperSurgical benefited financially from the sale of the defective product, constituting unjust enrichment.

These allegations form the basis of ongoing legal proceedings against CooperSurgical, with outcomes pending determination by the courts.

What Is the Response of Cooper Surgical to The Allegations Made in The Lawsuits?

CooperSurgical has not publicly responded to the allegations outlined in the lawsuits, and no official defense has been issued. As the legal proceedings progress, additional details regarding CooperSurgical’s response may emerge.

coopersurgical recall

Legal Process for Filing a Lawsuit Against CooperSurgical

If you’ve experienced embryo loss due to a CooperSurgical embryo culture media after October 2023, you may be eligible to file an IVF lawsuit against them. Here’s an outline of the legal process:

  • Consultation with an attorney: Seek legal counsel from an IVF lawyer from Ethen Ostroff Law specializing in product liability and personal injury cases, who offer free consultations to assess your case and advise on legal options. 
  • Case evaluation and investigation: IVF lawyer will review your case details, gather evidence, and assess the impact of the defective product. This involves examining your IVF treatment timeline, confirming product usage, and evaluating outcomes. 
  • Building a strong case: Your IVF lawyer will collect evidence, prepare legal documents, and outline damages suffered. This includes documenting emotional distress, medical expenses, lost wages, and other losses incurred due to the defective product. 
  • Filing the IVF lawsuit: Your IVF lawyer will file the IVF lawsuit against CooperSurgical, alleging product liability, negligence, breach of warranty, and other legal claims. The Cooper genomics lawsuit will detail damages sought and legal basis for accountability. 
  • Legal proceedings: The process may involve settlement negotiations, discovery, and potentially a trial. Your IVF lawyer advocates for your rights throughout, aiming for fair compensation. 
  • Seeking compensation: The goal is to secure compensation for financial losses, emotional distress, medical expenses, lost wages, and potentially punitive damages. Holding CooperSurgical accountable for alleged negligence is key.

Who Can File a CooperSurgical Lawsuit?

Individuals or couples who have experienced embryo loss because of using CooperSurgical’s defective embryo culture media from October 2023 onwards.

What Types of Compensation Are Being Sought in CooperSurgical Lawsuits?

The lawsuits against CooperSurgical seek compensation for various damages, including:

  • Emotional distress: Families affected by embryo loss seek compensation for the emotional pain and suffering caused by the corporation’s actions. 
  • Lost wages: This includes income lost due to time off work for IVF treatments or related medical care. 
  • Medical expenses: Coverage for costs associated with affected IVF treatments, including future expenses related to impacted fertility treatments. 
  • Punitive damages: Intended to punish the defendant and deter similar conduct, punitive damages can significantly increase settlement or court awards.

What is the Importance of Filing an IVF Lawsuit Against CooperSurgical?

The importance of filing a CooperSurgical lawsuit lies in several key factors:

  • Accountability: Legal action holds CooperSurgical accountable for alleged wrongdoing, bringing attention to any potential negligence or defects in their products. This underscores the importance of adhering to quality standards and patient safety in the fertility industry. 
  • Awareness and advocacy: Lawsuits raise awareness of the risks associated with CooperSurgical’s defective embryo culture media, advocating for improved safety measures and regulatory oversight in the fertility industry. This helps prevent similar incidents in the future and ensures patient well-being remains a priority. 
  • Financial compensation: Lawsuits enable affected individuals to recover damages, ensuring they receive the compensation they deserve.

What Is the Role of an IVF Lawyer in Filing a Lawsuit Against CooperSurgical?

The role of an IVF lawyer in a CooperSurgical lawsuit involves:

  • Expert guidance: Offering tailored advice, explaining legal options and rights. 
  • Holding CooperSurgical accountable: Ensuring accountability for any alleged negligence, promoting patient safety awareness. 
  • Legal consultation: Assessing the case for free and suggesting the best course of action. 
  • Maximizing compensation: Securing the most compensation possible for losses like emotional distress, medical costs, and lost income. 
  • Statute of limitations: Ensuring compliance with time limits for filing IVF lawsuits. 
  • Support throughout: Providing ongoing support, helping individuals understand each step and cope with the emotional impact.

With an IVF lawyer, individuals can navigate the process effectively to seek fair compensation and accountability from CooperSurgical.

Why Choose Ethen Ostroff Law?

The CooperSurgical lawsuit highlights the need for patient safety and accountability in assisted reproductive technology. As an IVF lawyer, it’s crucial to advocate for those affected by product defects or negligence. By seeking legal guidance, individuals can pursue justice and compensation for their losses. Ethen Ostroff Law is here to assist clients in navigating the complexities of the CooperSurgical lawsuit. Contact us today for a free consultation at (610) 871-8136 (by calling this number, you consent to receive SMS updates from Ethen OStroff Law.

Related Questions on CooperSurgical Lawsuits

The Cooper genomics recall lawsuit pertains to legal actions taken against CooperSurgical following the recall of its embryo culture solution in December 2023. The product was recalled due to concerns that it could impair embryo development. Lawsuits allege that CooperSurgical sold a defective embryo culture media intended to support embryo development during IVF procedures.

Yes, CooperSurgical IVF products are being recalled in Canada. On December 8, 2023, Health Canada issued a recall for three lots of culture media produced and sold by LifeGroup Global LLC, The Cooper Companies Inc., CooperSurgical Inc., and CooperSurgical Canada Inc. The CooperSurgical recall was prompted by numerous reports of impaired embryo development. The alleged defect is attributed to a deficiency in magnesium, an essential component of the culture media vital for embryo development.

The IVF product recall pertains to CooperSurgical’s embryo solution utilized in its IVF procedures. The Cooper surgical recall was initiated on December 5, 2023, due to fears that the solution might hinder embryo development.

CooperSurgical is a prominent provider of women’s health and fertility solutions, aiming to enhance patient outcomes through innovation. Specializing in fertility, women’s health, and childbirth, the company offers a diverse array of products and services. With over 30 years of experience, CooperSurgical is committed to advancing technology and enhancing healthcare for women, babies, and families.

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