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CooperSurgical Embryo Loss Attorneys

CooperSurgical EmbryoCooperSurgical is facing a number of lawsuits after reports that its embryo culture inadvertently destroyed many embryos during in vitro fertilization (IVF). The lawsuits come after a recall notice by the Food and Drug Administration (FDA). According to the FDA recall, “The firm has become aware of a sudden increase in complaints for three associated lots. Performance issues may lead to impaired embryonic development prior to the blastocyst stage.” The product made by CooperSurgical is used in fertility clinics across the world.

According to the lawsuits that have been filed, CooperSurgical belatedly recalled its embryo culture medium after the plaintiff’s embryos were lost. The company has also reportedly not made any public statements about the recall, which has left a number of fertility clinics completely in the dark. If you have lost embryos from a CooperSurgical embryo medical culture in or after October 2023, you may have legal recourse. Our team of IVF contamination attorneys at Gersowitz Libo & Korek, P.C. is here for you. We can evaluate the unique facts of your case free of charge and let you know what your legal options are. You can reach out to us anytime at (212) 385-4410.

What Is In Vitro Fertilization?

In vitro fertilization, commonly known as IVF, is a complex series of procedures used to help women become pregnant. It involves combining a woman’s eggs and a man’s sperm in a laboratory dish. The resulting embryos are then cultured in a special incubator for several days, which allows them to develop. IVF specialists then select the healthiest embryos for transfer into the woman’s uterus. There are a number of situations where a couple might choose to utilize IVF.

  • Female Infertility: IVF can help women who have a number of different medical conditions, including blocked fallopian tubes, endometriosis, or ovulation disorders.
  • Male Infertility: IVF may be used when there are issues with sperm quality or quantity.
  • Unexplained Infertility: IVF can also be helpful when the cause of infertility is unknown or not well understood.
  • Genetic Disorders: IVF can be combined with preimplantation genetic screening in order to check embryos for genetic disorders.
  • Fertility Preservation: IVF can also be used to freeze embryos or eggs to preserve fertility in cases where it could become compromised. For example, this may occur before a cancer treatment.

IVF can be emotionally, physically, and financially very difficult for couples trying to conceive. Couples often wait years before they are able to have a child. In many cases, couples may never be able to have children if their preserved embryos from IVF are destroyed. This is one of the many reasons that the loss of embryos brought on by CooperSurgical’s contaminated media is so deeply concerning.

What Caused CooperSurgical’s Embryo Culture Solution To Become Contaminated?

CooperSurgical LifeGlobal global® Media lacked the required amounts of magnesium that are necessary to nurture the development of healthy embryos. The lot numbers for the affected batches are 231020-018741, 231020-018742, and 231020-018743. Magnesium is an essential mineral that plays an important role in various biological processes, including embryonic development. During the IVF process, magnesium is needed for several different reasons.

  • Cell Division: Magnesium is required for cell division during embryonic development. It is crucial for synthesizing DNA and RNA.
  • Embryo Implantation: Magnesium is also crucial during embryo implementation into the uterus. It helps regulate hormones.
  • Embryo Quality: Magnesium is important for maintaining the overall quality of the embryo.
  • Reducing Oxidative Stress: Magnesium is known to have antioxidant properties, which can help alleviate oxidative stress. This is important because oxidative stress can damage embryos during their development.
  • Regulating Calcium Levels: Magnesium regulates calcium levels, which is particularly important during early embryonic development.

It remains unknown exactly why the CooperSurgical embryo solution lacked magnesium. This may have been due to some type of defect with the machinery used to create the solution. It could have also been due to human error at some stage of the media creation process. One lawsuit alleges that CooperSurgical “failed to adequately monitor their manufacturing system and refill the magnesium hopper on the assembly line when it was empty.” What is known for sure is that dozens of clinics were impacted. So far, more than 150 people have lost embryos, including several dozen who have filed lawsuits against CooperSurgical.

Liability For CooperSurgical Embryo Loss

Companies that make medical devices or solutions can be held liable for embryo loss. Medical companies must take steps to ensure that their products are reasonably safe and free from defects. To that end, they must rigorously test their products and investigate all potential problems during the development and manufacturing processes. A product liability claim may allege (1) negligence; (2) strict product liability; or (3) breach of warranty. In either a negligence or strict liability case, plaintiffs will need to demonstrate that a product was either defective or unreasonably dangerous.

  • Design Defects: (1) The product was unreasonably dangerous and created a substantial risk of injury; (2) It was feasible for the product to have been designed in a safe manner; and (3) The defect was the proximate cause of the plaintiff’s injury.
  • Marketing Defects/Failure to Warn: The defendant failed to warn the plaintiff of the dangers associated with their product.
  • Manufacturing Defects: A product caused injury by not performing as intended. However, other products of identical design do not fail.

The affected batches of CooperSurgical’s media culture were inherently defective. There was simply no way that any embryos could either survive or develop properly in a solution that lacked magnesium. Magnesium is simply too important for the developmental process. This is akin to placing a fully-grown adult in a room without oxygen. Embryos are not something that can easily be replaced. If you’ve lost embryos due to CooperSurgical’s errors, there are a number of reasons why you should consider hiring an attorney.

Why Those Impacted By CooperSurgical Embryo Loss Should Consider Hiring An Attorney

Planning for children and having children can be incredibly rewarding and joyful for individuals and couples. IVF has helped millions of couples who would have otherwise not been able to conceive. But in far too many instances, this joy has turned to horror for those who have lost embryos due to medical errors. People who have lost embryos due to CooperSurgical’s errors have reported feeling incredible grief and depression. For those affected, this is like losing their children. Here are just a few of the reasons why hiring an attorney might be beneficial in this situation.

  • No Up-Front Costs: There are no up-front costs associated with hiring an attorney. They work entirely on a contingency-fee basis and only get paid by the opposing party if they are able to successfully resolve your case.
  • Accountability: An attorney can help hold responsible parties accountable through the courts. This can also lead to lasting change that helps prevent similar incidents.
  • Legal Expertise: Attorneys that specialize in product liability claims can help navigate the complex legal processes for cases involving dangerous or defective medical devices.
  • Investigation: An attorney can conduct a thorough investigation and subpoena records to help build the strongest case possible.
  • Court Representation: Most cases settle out of court before going to trial. But if your case does go to trial, a personal injury attorney can provide you with skilled and passionate advocacy in the courtroom.

Hiring a skilled legal advocate can often mean the difference between winning or losing any legal claim. Medical device companies will often do everything in their power to evade liability if patients are harmed by their products. This may include trying to shift the blame onto third parties and tying up plaintiffs in years of appeals. These companies have their own set of attorneys who are looking out for their interests. An embryo loss attorney can help level the playing field and make sure that your interests are also taken into consideration.

Getting Legal Help After Embryo Loss

Team AttorneysIf you’re a fertility patient, don’t wait to take action or assume that everything is alright if you have not been notified by your doctor. Contact your clinic to ensure that your embryos have not been affected. For those who have been affected by CooperSurgical’s negligence, it is always a good idea to seek legal counsel as early as possible. The loss of embryos from their faulty solution was entirely preventable.

Have you or someone that you care about lost embryos due to a recalled solution from CooperSurgical? You may be entitled to compensation. Our team of embryo loss attorneys is here to help. We fight tirelessly to help our clients get the justice and support that they are entitled to under the law. In fact, we’ve recovered over $1 billion for our deserving clients. Whether you just have legal questions or are thinking about hiring an attorney, we may be able to assist you. You are always welcome to reach out to us anytime at (212) 385-4410.


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