CooperSurgical, a leading medical supply company in the US, is currently facing lawsuits from patients claiming a defective culture media supplied by the company destroyed embryos created with in vitro fertilization (IVF).
Thousands of fertility clinics across the globe use the nutrient-rich liquid to help fertilized eggs develop into embryos. Early January 2024, the company recalled three lots of the liquid used by clinics last November and December. The number of affected patients remains unclear, although experts project it could run to thousands. Collectively, patients have revealed they lost over 100 embryos that had bathed in the defective culture media.
The Allegations Against CooperSurgical Lawsuit
In early January 2024, two couples filed a lawsuit in California Superior Court in Los Angeles against the fertility technology company, claiming a solution made by the company was defective and had killed the embryos they hoped to use to have children.
In mid-February, a couple from Virginia filed another lawsuit against the company, bringing the number of lawsuits from families in the US to eight in just two months. The affected patients claimed CooperSurgical privately recalled several of the toxic embryo culture mediums late last year but failed to inform the affected patients.
What Is IVF?
IVF stands for in vitro fertilization, a type of assisted reproductive technology. IVF combines medicine and surgical procedures to help sperm fertilize an egg and implant it in the uterus. First, the patient takes medication to enhance the maturity of the eggs and increase the chances of fertilization. The doctor then transfers the eggs from the body and mixes them with sperm in a lab, leading to fertilization. They then put one or several fertilized eggs, called embryos, directly into the uterus.
Pregnancy occurs if any of the embryos implant in the lining of the uterus. IVF involves several steps and may take several months to produce the desired results. It may work on the first try, but many couples require more than one round of IVF to get pregnant.
Embryo Development Solutions Explained
An embryo development solution is a specially formulated liquid that replicates the natural conditions of the womb, providing essential nutrients and an environment conducive to embryo development outside the body. This solution plays a crucial role in IVF procedures by nurturing embryos until they are ready for transfer to the uterus.
Given the critical nature of this phase in IVF treatment, using high-quality solutions is imperative to optimize the chances of successful embryo development. Any issues in cell division, stunted growth, or abnormalities in embryo cells signify developmental problems that render the embryo “not developing” or “non-viable,” regardless of the stage.
The allegations in the CooperSurgical lawsuit suggest that the solution’s contamination or toxicity during production may have compromised its efficacy.
Who Needs IVF?
About 2% of births in the US are from IVF, with over 8 million babies born with the technology since it was first introduced in 1978. IVF can be a welcome solution for individuals and couples experiencing infertility or having certain medical conditions that make it difficult to conceive. In the case of the CooperSurgical lawsuit, the audience impacted by the company’s mistake includes:
- Older women who are having trouble conceiving are more likely to need this service.
- Individuals or couples with infertility issues
- Individuals or couples with genetic disorders
- Same-sex couples
- Individuals with medical conditions affecting fertility
- Individuals with unexplained infertility
The Consequences of Embryo Loss
Losing an embryo can be a huge emotional and financial setback for individuals and couples pursuing assisted reproductive treatment. These patients invest their hard-earned money in the hope of having a baby, only to find that the destruction of the embryo occurs. For many, this setback could mean the end of a rosy dream of fulfilling parenthood.
From a legal perspective, the loss of an embryo due to negligence extends beyond a mere loss of money. It is about the violation of rights, emotional distress, and a profound infringement upon the sanctity of life itself. Here are some difficulties one may experience due to embryo loss:
- Emotional trauma: Losing an embryo can cause profound emotional distress for parents. For many, embryos represent the hope and promise of starting or expanding their family. The loss can trigger feelings of grief, sadness, anger, guilt, and profound disappointment.
- Financial strain: The process of ART, including procedures like in vitro fertilization (IVF), can be financially burdensome. The cost of medications, treatments, and methods can add up quickly. Losing an embryo doesn’t just entail an emotional setback but also a financial one, as it entails losing the resources invested in that embryo.
- Delayed parenthood: Each embryo represents a potential future child. When parents lose an embryo, they may experience delays in achieving their desired family size or in starting a family altogether. This delay can be emotionally challenging, especially for individuals or couples who have already experienced pregnancy loss.
As a result of these damages, you may be entitled to financial compensation in a personal injury lawsuit.
How Many Patients Did the Incident Affect?
Clinics in the US sourced half of the nearly 1,000 bottles of culture media affected. Each bottle contains enough liquid for several patients, potentially affecting thousands. An expert quoted in the New York Times revealed that just half of the contaminated bottles if used by clinics, could potentially affect as many as 10,000 patients in the United States alone.
Did CooperSurgical Know About Their Contaminated Embryo Culture Media Solution?
Several embryologists allegedly informed CooperSurgical about their contaminated solution through a formal letter. The letter linked the multiple damaged human embryos to the company’s embryo culture media. However, even with this information, CooperSurgical failed to notify affected patients. Instead, it opted to privately recall the product from fertility clinics.
What remains unknown is how soon the company knew about the situation and whether they took any steps to correct or rectify the issue with the families. All this will emerge if CooperSurgical permits the lawsuits to proceed to trial and chooses not to settle the case with the families at the earliest opportunity.
Possible Damages Associated With the CooperSurgical Lawsuit
The current lawsuits are pursuing multiple forms of financial compensation for various damages. These include:
Emotional trauma and psychological distress: Plaintiffs are pursuing compensation for the enormous emotional distress endured as a result of the loss of their embryos. The emotional toll of such an experience can inflict lasting scars on the mental well-being of those affected.
The financial burden of IVF and future fertility treatments: The high costs associated with IVF and future fertility treatments are significant factors in these lawsuits. Plaintiffs are rightfully demanding compensation for the substantial expenses incurred in pursuing parenthood and financial strain related to potential future treatments.
Lost income: The impact of this ordeal extends beyond the emotional and physical lives of the plaintiff. It also affects the patients’ professional lives. The need to attend numerous medical and therapy appointments disrupts one’s ability to engage fully in their employment.
Punitive measures for corporate negligence: In addition to seeking compensatory damages, the lawsuits advocate for punitive actions against CooperSurgical. Punitive damages aim to hold the negligent party accountable for their actions and deter future instances of similar recklessness within the industry.
How to Pursue a CooperSurgical Lawsuit
If CooperSurgical’s contaminated embryo culture media led to the loss of your embryo, you might be eligible for compensation. Lawyers from Nadrich Accident Injury Lawyers can help you file a personal injury lawsuit to recover maximum damages for your loss. Contact us today to schedule a free consultation with an experienced defective device medical lawyer. You can also call us at (800)718-4658.
