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CooperSurgical Embryo Loss Attorneys

New York CooperSurgical Embryo Loss Attorney

Lawyers Helping Embryo Loss Victims

CooperSurgical, a medical device company, is facing a series of lawsuits after numerous couples have lost their embryos due to contaminated embryo culture media. Two of the lawsuits were filed with the California Superior Court. The legal action comes after CooperSurgical began receiving many complaints from fertility clinics that embryos stored in their solutions were being destroyed. In late 2023, the company belatedly recalled three lots of its solution. But for far too many people, the damage had already been done. They lost all of their embryos and their only chance at having their own biological children. If you’ve lost embryos stored in one of CooperSurgical’s embryo culture media, you may have legal recourse. Our team of IVF contamination attorneys at Gersowitz Libo & Korek, P.C. is here for you. We can evaluate your situation free of charge and let you know if you have a claim that can be pursued. You can reach out to us anytime at (800) 529-9997.

What Caused CooperSurgical’s Embryo Culture Solution To Be Recalled?

CooperSurgical LifeGlobal global® Media allegedly lacked magnesium, a key ingredient that supports the development of embryos. Magnesium is crucial at numerous stages of the IVF process and embryo development. It assists with cell division and regulates hormones during implementation. Attorneys for the plaintiffs have blamed the lack of magnesium in the solution on human error. 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.” There are several other reasons an embryo media culture could become contaminated.

  • Microbial Contamination: Bacteria, fungi, or other microorganisms can infiltrate the culture media if proper sterilization techniques are not followed.
  • Airborne Contaminants: Dust particles and other airborne contaminants can settle inside the culture media if its container is not properly sealed.
  • Cross Contamination: If laboratory technicians use the same equipment for multiple batches, there is a risk of cross-contamination between batches.
  • Chemical Contamination: There have been several instances where embryo media cultures were inadvertently contaminated by dangerous chemicals such as hydrogen peroxide.

Human error is the common thread in most instances of embryo media contamination. This could include instances where lab technicians are not following proper protocols. Or the error may have occurred outside of an IVF clinic, which appears to be the case with the recalled CooperSurgical embryo media cultures. Companies that create products for the IVF industry are supposed to follow certain safety standards, but far too often this does not happen.

How Can I Determine If I’m Impacted By The CooperSurgical Media Recall?

CooperSurgical supplies media cultures to fertility clinics across the United States and the world. If you are concerned that your stored embryos were impacted, the first thing you should do is contact your fertility clinic. They can let you know what media culture was used for your treatment. You can also see which embryo lots were impacted in the recall press release sent out by the company. The recalled lots are listed below.

  • LGGG-020: UDI-DI 00815965020044, lot 231020-018741
  • LGGG-050: UDI-DI 00815965020051, lot 231020-018742
  • LGGG-100: UDI-DI 00815965020068, lot 231020-018743

The process of In Vitro Fertilization can be extremely draining, both financially and emotionally. This is true even when everything is going according to plan. Losing embryos due to human error on the part of IVF suppliers can be absolutely devastating. These companies will often do everything in their power to deny responsibility for what happened. But in many situations, medical supply companies and IVF clinics can be liable for instances where customers suffer a catastrophic loss of their embryos.

Liability For CooperSurgical Embryo Loss

CooperSurgical could be liable for couples that have lost embryos due to their faulty embryo media cultures. Generally speaking, companies are liable for the wrongful actions of their employees – insofar as those employees were working within the course and scope of their job duties. The lawsuits filed against CooperSurgical suggest that there is evidence the company knew or should have known that its products were defective and potentially killing embryos. It is also possible that equipment manufacturers could be liable for defective embryo media cultures. 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 be 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.

IVF patients who have lost embryos often suffer serious emotional distress. Many patients have likened the process to losing their children. Proving liability in these types of cases can be extremely difficult. It requires the expertise of legal and medical professionals to assess what happened and gather evidence. There may be numerous liable parties, including the IVF clinic responsible for storing the embryos. For example, a fertility clinic may have gotten a recall notice and still failed to act. Evidence will ultimately reveal what went wrong and what parties could be legally responsible.

What Should I Do If My Embryos Were Destroyed By A CooperSurgical Media Culture?

Suffering through the loss of your only opportunity to have children can be very hard. Any person who is impacted should take a number of measures in order to preserve their rights. The first major step is gathering evidence. This will include collecting any documentation related to the IVF process. Emails and all contracts that were signed should also be collected. These documents will be crucial in evaluating your case. After all the evidence is gathered, there are several steps that victims of embryo loss should consider.

  • Review Insurance Coverage: Some insurance policies help cover costs associated with fertility-related treatments. This may extend to situations involving the loss of embryos during IVF.
  • Consider Counseling: It is important to take care of your physical and mental well-being after any instance of embryo loss. Counselors can help you cope with the emotional impact of the loss.
  • Seek Legal Advice: Consider consulting with an attorney that specializes in reproductive law and product liability. They can evaluate your case and let you know if you have a claim. There are no costs associated with getting a legal consultation for your case.
  • Consider A Lawsuit: After your case has been evaluated with an IVF malpractice attorney, you may have the ability to file a lawsuit. Taking legal action is a very personal decision. A lawsuit can help hold the negligent party accountable and compensate victims for their emotional trauma.

IVF clinics and medical device companies like CooperSurgical have a team of attorneys and insurance providers to look after their interests. A skilled IVF malpractice attorney can help level the playing field and make sure that your rights are protected. There are many reasons why it is wise to consider legal action after any instance of embryo loss. There are no costs associated with pursuing a claim. Your attorney will only get paid from the opposing party if they are able to successfully resolve your case.

Getting Legal Help After IVF Misconduct

If you are a fertility patient who has lost embryos in a CooperSurgical embryo media culture, you may have legal recourse. Our team of experienced IVF negligence attorneys at Gersowitz Libo & Korek, P.C. is here to help you. We have decades of experience helping victims of medical malpractice and have recovered over $1 billion for our deserving clients.

We understand the devastating impact that this loss can have on individuals and families, and we are committed to getting victims justice. Our team of attorneys has a deep understanding of reproductive law and product liability. This team is complemented by a number of IVF industry experts who will help move your case forward. This includes lab embryologists, reproductive endocrinologists, and psychologists who specialize in treating patients who have suffered from IVF negligence. Whether you have legal questions or are looking to hire an attorney, we are here to serve your needs. You are always welcome to reach out to us anytime at (800) 529-9997.


What caused the CooperSurgical embryo media cultures to become contaminated?

The contaminated lots lacked magnesium, which is necessary for embryo development.

You should contact your fertility clinic to see if your embryos were impacted.

There are no upfront costs associated with hiring an attorney, and they only get paid by the opposing party if they are able to resolve your case.

Several parties may be liable, including fertility clinics and medical device companies.

Every case is different. But in most cases, it can take several years before a final resolution is reached.

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