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Wylie Couple Files Lawsuit Against CooperSurgical After Embryos Destroyed At Fertility Clinic

CooperSurgical Facing Lawsuit After Wylie Couples Lost Embryos

Wylie Couples Files Lawsuit After Embryos Destroyed At Fertility Clinic

WYLIE, TEXAS (April 7, 2023) – A couple from Wylie has filed a lawsuit against CooperSurgical, claiming that one of their recalled products is responsible for the destruction of their embryos.

The federal lawsuit was filed on Wednesday. According to court documents, the couple turned to IVF in order to start a family.

However, they later learned that 19 of their embryos were destroyed. The couple and their attorney are blaming the loss on a recalled product by CooperSurgical.

In particular, CooperSurgical distributed a number of medical cultures to clinics that allegedly lacked the necessary amount of magnesium. This element is essential for the healthy development of embryos.

Without magnesium, there is simply no way for embryos to develop normally in a medical culture.  The loss of embryos was not limited to clinics in Texas.

CooperSurgical provides medical cultures to fertility clinics around the U.S. and world.

Liability For Embryo Loss At IVF Fertility Clinics 

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. According to Axios, “IVF patients usually need multiple embryos to ensure just one healthy baby, because the process often involves embryo attrition, Lucky Sekhon, reproductive endocrinologist and infertility specialist at RMA of New York, tells Axios.” There are also many ways that embryos can be destroyed at a clinic due to negligence.

  • Improper Temperatures: Embryos can be destroyed if they are kept at an unsafe temperature.
  • Equipment Failure: Most embryo loss in the later stages of development occurs because incubators fail.
  • Mishandling: The improper labeling of embryos or jostling them in a dish can destroy them.

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. It is important that certain steps be taken after any instance of embryo loss.

  • The medical records related to the loss should be preserved.
  • Surveillance footage should be sought.
  • Eyewitnesses should be interviewed.
  • An experienced embryo loss attorney should be contacted.

The problem with CooperSurgical’s medical cultures appears to be widespread. Problematic cultures were distributed all across the United States and other countries, including Canada, Brazil, Mexico, Argentina, Hong Kong, Japan, Turkey, Netherlands, Belgium, Spain, Taiwan, United Kingdom, Austria, Georgia, France, Denmark, Greece, Saudi Arabia, Thailand, New Zealand, Estonia, Poland, Jordan, and Germany. Any person who has lost embryos due to CooperSurgical’s medical cultures may be able to seek some measure of justice through a civil claim.

Getting Legal Help After Embryo Loss At IVF Fertility ClinicsWe at Gersowitz Libo & Korek, P.C. extend our best wishes to all of the couples that lost embryos at IVF clinics. There needs to be a thorough investigation into what went wrong. It is our sincere hope that there is accountability for all of the individuals and families affected.

Have you or someone that you care about lost embryos involving a CooperSurgical medical culture? You may have legal recourse. Our team of personal injury attorneys is here to help you. We are committed to helping victims of IVF negligence get the support and justice that they are entitled to under the law. Whether you just have legal questions or are thinking about hiring an attorney, we may be able to help. You can reach out to us anytime at (516) 908-9792.


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Jeff Korek

Jeff S. Korek

Senior Trial Partner​

Jeff S. Korek joined Gersowitz Libo & Korek, P.C. in 1992 as the Senior Trial partner. Known for his meticulous preparation and dedication to his clients, Jeff has obtained some of the state’s highest verdicts and settlements.