Two couples from Los Angeles have filed lawsuits against fertility technology company CooperSurgical, alleging that the company’s toxic embryo culture solution destroyed the embryos they hoped to use to have children. According to the two lawsuits, filed in California Superior Court in Los Angeles last month, CooperSurgical was negligent in belatedly recalling several lots of its embryo culture medium late last year, after the embryos were lost. 

The Importance of Embryo Culture Solution in IVF

Embryo culture solution plays a vital role in the success of in vitro fertilization (IVF) treatments. It serves as a nutrient-rich environment for the embryos to grow and develop outside of the womb. The solution contains essential components that mimic the natural conditions of the female reproductive system, allowing the embryos to thrive and increasing the chances of a successful pregnancy.

Allegations of Negligence Against CooperSurgical

According to the recent lawsuits against CooperSurgical, the couples’ embryos came in contact with a defective solution produced by CooperSurgical. The solution, which was intended to support and nourish the embryos, instead caused them to stop growing or rendered them nonviable shortly after their creation, stated the attorney representing the couples in their claims. “Their fertility doctors were very surprised by these highly unusual results,” the attorney said. “They investigated and learned that CooperSurgical’s embryo culture solution killed the embryos.”

The pair of lawsuits allege that CooperSurgical was negligent in selling a contaminated embryo culture media and failing to ensure that fertility patients were aware of the embryo solution recall. CooperSurgical said it issued the recall “to proactively address any possible issue with our products while we continue to investigate.” However, the delayed action resulted in the loss of multiple embryos for the couples, who underwent IVF in November 2023.

The Recalled Embryo Culture Solution

CooperSurgical issued the recall notice for its Global Media solution in December 2023, stating that the solution “impaired embryo development prior to the blastocyst stage.” The recall indicated that the solution used during IVF treatments had the potential to harm the embryos rather than support their growth. However, these lawsuits allege that the company did not adequately disseminate the recall notice, leaving many affected families unaware of the potential dangers associated with the embryo culture solution.

The attorney representing the couples believes that the scope of the problem with CooperSurgical’s recalled embryo solution may be much broader than the company lets on. He indicates that there could be hundreds, if not thousands, of other couples whose fertility journey has been impacted by the company’s alleged negligence.

Devastating Consequences for Affected Couples

The consequences of CooperSurgical’s actions have been devastating for the couples involved. The lawsuits allege that at least one of the couples lost all but one of their embryos, which was later deemed unviable. As a result, they have lost the ability to have a biological child of their own. The emotional and financial toll of these losses cannot be understated, as the couples had invested significant time, money, and hope into the IVF process.

Couples Pursue Legal Claims Against CooperSurgical

The couples adversely affected by the recalled embryo solution are seeking compensation for the physical, emotional, and financial damages they have endured. They believe that CooperSurgical should be held accountable for the harm caused by its defective embryo culture solution.

In response to the allegations, CooperSurgical issued a statement emphasizing its commitment to quality and compliance. The company initiated the embryo solution recall as part of its quality management system and stated that they are actively investigating the issue. However, the affected couples and their attorney argue that the company’s actions were insufficient and failed to prevent the harm caused to the embryos.

The Impact on the Fertility Industry

This lawsuit raises important questions about the safety and regulation of fertility treatments. The reliance on assisted reproductive technologies, such as IVF, has increased in recent years, with many couples turning to these methods to fulfill their dreams of parenthood. The alleged negligence by CooperSurgical highlights the need for stricter regulations and monitoring to ensure the well-being of patients undergoing fertility treatments.