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.

CooperSurgical Lawsuit

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.

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.

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 [email protected].

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.

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.

Get Free Consultation for your case​

  • Please complete the short form to have Ethen Ostroff Law review your case at no cost and in complete confidence.
  • We will get back to you within 48 hours to discuss your situation.
  • By submitting your case for review, you are agreeing to our Terms of Use.

Get Your Free Case Review

Find out if you qualify for compensation and learn your next steps – no cost, no obligation, just expert legal guidance.

Disclaimer: By submitting the form above and checking the consent box, you agree to our conditions and privacy policy and permit Ethen Ostroff Law to contact you via text messages, phone calls. Standard message rates may apply.


While in law school, he distinguished himself as Executive Editor of JURIS Magazine, received the prestigious CALI Excellence for the Future Award, and completed five hands-on internships that laid a strong foundation for his legal career.


Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.

Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.

He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.

When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.

Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.

Joe is a Philadelphia native and maintains deep roots in the area.  As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work.   He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.

After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers.  During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law.  He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.

Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.

Joe is licensed to practice in Pennsylvania.

Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.

Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge,  Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.

Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.

Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.

He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.

He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state

Brandon currently lives in Malvern with his wife Rachel and their son Max.

Ethen Ostroff Law, PLLC Terms and Conditions

Effective Date: July 10, 2024

General Information

Welcome to the website of Ethen Ostroff Law, PLLC (“EO”). By accessing or using our website, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use our website.

Use

EO hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site solely for your personal use in accordance with these Terms of Use. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site.

EO may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Site and related services, or (b) change, revise, or modify the Site and affiliated services.

Messaging and Automated Calls

When you opt-in, you will receive text messages (SMS/MMS) on your mobile number. These messages may contain information about your case, and the message frequency may vary from user to user. Please note that message and data rates may apply. If you wish to opt out of this service, you can do so anytime by simply texting “STOP” to the phone number. Once you text “STOP” to us, we will send you an SMS to confirm that you have been unsubscribed. If you encounter any issues, you can reply with the keyword “HELP” to get assistance. Please be aware that carriers are not responsible for any delayed or undelivered messages.

By providing your phone number and submitting a form on our website, you consent to receive communications, including automated calls, texts, and pre-recorded messages, from EO and its affiliates. These communications may include updates about your case, promotional offers, and other information. You understand that these calls may be generated using automated technology, and that standard message and data rates may apply.

Your consent to receive automated calls is not a condition of any purchase or service. By checking the consent box on our contact form or by calling our firm, you agree to these Terms and Conditions and provide your written consent to receive these communications. You may opt out of these communications at any time by replying STOP to any text message or by contacting us at [insert contact information].

State-Specific Compliance

EO complies with all federal and state laws regarding automated calls and telemarketing practices. Certain states have additional restrictions on the use of automated dialing systems and pre-recorded messages. The following states have more restrictive regulations:

  • California: Requires prior express written consent for automated calls.
  • Florida: Requires prior express written consent for automated calls and texts.
  • New York: Requires prior express written consent for automated calls.
  • Texas: Requires prior express written consent for automated calls.

If you are a resident of one of these states, EO will obtain your prior express written consent before making any automated calls or sending pre-recorded messages to you.

By submitting a form inquiry or calling our firm, you agree to us contacting you, and your checking the box when submitting your form inquiry serves as written consent.

Information and Legal Disclaimer

The information contained in this website is for informational purposes only, and should not be construed as legal advice. Testimonials and case results contained in this website are for demonstrative purposes only, and do not constitute a guarantee of any particular outcome in a specific case.

By requesting a free consultation with Ethen Ostroff Law, PLLC, you agree to the following:

  • Any information I submit is for review only, and there will be no charge for the initial consultation.
  • I have not entered into an attorney-client relationship with Ethen Ostroff Law, PLLC until such time as a formal written Retainer Agreement is signed by myself and a representative of Ethen Ostroff Law, PLLC. There is no guarantee that Ethen Ostroff Law, PLLC will accept my case.
  • Any information received by Ethen Ostroff Law, PLLC, prior to the execution of a written Retainer Agreement, is not subject to the Attorney-Client Privilege and is not considered confidential.
  • Additional information may be requested in order for Ethen Ostroff Law, PLLC to make a decision on whether or not to accept my case.
  • Because no attorney-client relationship has been established, I will remain personally responsible to meet all necessary deadlines applicable to my claim, until such time as Ethen Ostroff Law, PLLC makes a final decision. I acknowledge that I have not received any representations or legal opinions with respect to any time frames or deadlines that may be applicable to my claim.

No Relationship or Obligation Arises from Use of the Site

The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and is familiar with the applicable law. Internet subscribers, mobile application users, and online readers should seek professional counsel about their legal rights and remedies. You should not act or refrain from acting on the basis of any information found on the Site. Any actions or decisions about your legal rights should be based on the particular facts and circumstances of your situation, and appropriate legal advice from an attorney retained directly by you. EO EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED UPON ANY INFORMATION OR OTHER CONTENTS OF THIS SITE. Viewing the Site, or communicating with EO by Internet e-mail or through the Site does not constitute or create an attorney-client relationship with anyone. The content and features on the Site do not create, and are not intended to create, an attorney-client relationship, and shall not be construed as legal advice. The content and features of the Site, including means to submit a question or information, do not constitute an offer to represent you or otherwise give rise to an attorney/client relationship.

THE SITE IS PROVIDED “AS IS”. EO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EO DOES NOT GUARANTEE THAT THE ONLINE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Accounts

To use some features of the Site, you may be required to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all Submissions made from your account. You agree to notify us immediately of any unauthorized use of your login. EO may suspend access to your account if it suspects illegal or improper use, or for other reasons, such as for account management purposes, at its sole discretion.

Confidentiality is Not Guaranteed

Information sent to Ethen Ostroff Law, PLLC. via Internet e-mail or through the Site is not secure and is done on a non-confidential basis. EO may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.

DISCLAIMER – This Site Does Not Provide Medical Diagnosis or Advice

The content provided on the Site, such as documents, text, graphics, images, videos, news alerts, pharmaceutical drug recalls, prescription medication history, or information on litigation concerning the foregoing topics, or other materials, is for informational purposes only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician for diagnosis and treatment of any medical condition or for any questions you may have regarding a health concern. Never disregard professional medical advice, alter a prescription plan in any way, or delay or refrain from seeking medical advice because of something you have read or seen on the Site. Links to other sites are provided for information only. Use of trade names is for identification only and does not constitute endorsement by EO.

Without limiting the generality of the foregoing, the Site may present information about pharmaceutical drug recalls, which is for information purposes only. Such information is not necessarily the most current information on the subject and may or may not be updated based on the last information concerning such recalls. Do not make any decisions regarding medication or medical providers based on information from the Site, including but not limited to information we provide about drug recalls.

EO Is Not Responsible for Content; Limitation on Liability

EO may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. EO DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS OR SUITABILITY. EO assumes no liability or responsibility for any errors or omissions in the contents of the Site. Your use of the Site is at your own risk. Under no circumstances shall EO or any other party involved in the creation, production, or delivery of the Site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, the Site. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL EO BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.

Third-party Web Sites

The Site contains links to third-party websites for the convenience of our users. EO does not endorse any of these third-party sites and does not imply any association between EO and those sites. EO does not control these third-party websites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use links to access and use such websites, you do so at your own risk. EO is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. These Terms only apply to the Site and do not apply to any linked sites. We encourage you to read and understand the terms of use of any linked sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any linked site.

EO Clients

Only individuals who have entered into a mutually signed retainer agreement with EO are EO clients (“EO Clients”).

Legal and Ethical Requirements

EO has tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements.

Ethen Ostroff Law reserves the right to refer or sell leads that come through any of Ethen Ostroff Law’s marketing.

Ethen Ostroff Law also may sell leads on certain campaigns generated in association with third party marketing companies.

Governing Laws in Case of Dispute; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, USA, without regard to any choice of law principles. Any and all disputes arising hereunder shall be governed as set forth in the Arbitration section below.

Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant EO an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to EO and grant the licenses as described above; (b) EO will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

EO takes no responsibility and assumes no liability for any Submission.

Arbitration

Any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Montgomery County, Pennsylvania. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.

International Use

The Site is controlled, operated, and administered by EO from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.

Other Terms

If, for any reason, our Terms of Use, Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. EO’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by EO hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between EO and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between EO and EO Clients.

EO may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.