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CooperSurgical IVF Lawsuit
Embryologist Says 20,000 Fertility Patients May Be Affected.1
CooperSurgical is a leading U.S. medical supplier specializing in fertility services and supplies; now it’s also the target of multiple lawsuits centered on its defective embryo culture allegedly responsible for killing IVF embryos bathing in it across the country during the 2023 holidays. The FDA ordered a recall of three batches (about 1,000 bottles) of the liquid on December 13, 2023, but it had already shipped to fertility clinics in 30 states before Thanksgiving.
Because the solution was missing magnesium, an essential ingredient, the immersed embryos that came into contact with the solution in these recalled bottles died instead.1
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“…No one going through IVF would expect the solution, which should be ‘kind of foolproof,’ to affect the outcome, a plaintiff told The New York Times. “We need justice for what we’ve been through.” 1
“It’s Like Losing a Child.”
By the time a couple reaches the decision to try IVF treatments, years of timid hopes have been dashed. The IVF process, including surgically removing eggs, often isn’t covered by insurance policies. People have been known to sell their cars to afford treatments – usually after exhausting every other medical measure.
In courts across 30 states, eight lawsuits have already been filed specifying that the manufacturer, CooperSurgical, knew or should have known that their embryo media culture was “not properly and/or adequately tested and/or inspected.”
If it had been monitored properly, plaintiffs say, 1,000 defective bottles (one bottle holds enough for more than one patient) would have been destroyed before shipping – before a single embryo died. The solution was missing magnesium, one of its key ingredients.
“If clinics used even half of the tainted bottles, as many as 20,000 patients could have been affected,” said Mitchel C. Schiewe, an embryologist and lab director at California Fertility Partners, where he said the botched culture was used briefly in November.
After the recall, witnesses say, the company deliberately did not spread news of the recall or fairly portray the scale of the disaster.3
The Emotional Toll of Embryonic Loss Is Misunderstood.
It is a painful procedure having one’s eggs retrieved through surgery, but not so painful as losing healthy fertilized eggs for no good reason. Kearsten Waldon and her husband Zach, both 39, got the call on Thanksgiving morning (2023) notifying them that, out of eight viable embryos, all were gone.3
They weren’t told until later why, however, leaving Kearsten time to blame herself. “While the IVF process is highly scientific and increasingly political,” she told the New York Times, “many people fail to grasp the emotional toll of embryonic loss.”
The FDA posted a notice of recall on February 15, 2024; the recall was issued December 13, 2023, after the Walden’s loss. Meanwhile, the manufacturer allegedly continued producing and shipping the culture without making sure that magnesium, one of the most essential life-supporting ingredients, was included.
Further, the company is said to have intentionally kept a lid on the information.
CooperSurgical Was Positioned to Become a Fertility Industry Leader.
In 2023, CooperSurgical, headquartered in Trumbull, CT, earned $1.2 billion, 40% of which came from fertility services and supplies. Reportedly, the CEO boasted on a call in January 2024 about the company’s 12 straight months of double-digit growth.3
On its website, just under the headline, viewers read: “We enable healthcare providers to put time on the side of women, babies, and families at the healthcare moments that matter most in life.”
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A Case for Women was formed eight years ago by women, for women. Before that, no legal entity focused such undivided attention on women and our needs, despite our distinct biological composition and our bodies’ different warning signs and vulnerabilities.
Our job is first to educate women on how to access the civil court system. It is doable with some expert guidance, which we provide to you at no cost. Over our eight years, we have built a rolodex of the finest law firms across the United States. We are heavily invested in our collaboration with each lawyer and can match you with the most powerful attorneys who specialize in your case area on contingency, meaning you either win something or you owe your lawyers nothing.
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Sources
- Sarah Kliff and Azeen Ghorayshi, “Botched I.V.F. Liquid Destroyed Embryos, Lawsuits Claim,” The New York Times, February 15, 2024.
- Adrianna Rodriguez, When IVF felt hopeful, this couple suddenly lost all their embryos. Here’s who they blame,” USA Today, February 27, 2024.
- Staff, “Lawsuit Filed Against CooperSurgical, Inc. Alleging Defective In Vitro Fertilization Culture Media Destroyed Customer Embryos,” CBS News, February 22, 2024.
