In cases where a fatality has resulted, it may be necessary to file for compensation for wrongful death losses as well. Various other legal issues may be present in such cases, such as medical malpractice or hospital negligence. 

Such cases can be complex, so contact a lawyer if you have any questions about your legal rights. 

What Is Embryo Culture Media?

Culture media is a solution used by embryologists to support cell growth from fertilization to implantation. Embryo culture media plays a critical role in the IVF process. The media serves as the essential substance in which an egg is immersed when it is fertilized and during its development. 

Unfortunately, CooperSurgical allegedly produced and distributed batches of this solution that were either contaminated or lacked the proper magnesium level, causing an unknown number of viable embryos to fail unexpectedly. 

Such embryo failures can be very costly, and emotionally devastating to families seeking IVF, particularly when under the stress of a strict timetable. The process of extracting human eggs from a woman typically requires significant medication, frequent blood work, ultrasound monitoring, and performing an invasive surgical procedure to collect the eggs.

Many women will now have to repeat the rigorous process if they elect to do so, beginning with requiring another hysteroscopy before they can move forward with another IVF cycle. 

A woman only has a limited number of eggs, and this supply diminishes as part of the natural aging process. This further delay in the fertility treatment plan can mean the difference between a successful and a devastating outcome. 

If defective IVF culture media produced by CooperSurgical resulted in your nonviable pregnancy, filing a claim may be the best course of action to hold the company accountable. 

CooperSurgical Recall 

On December 5, 2023, CooperSurgical issued an “Urgent Media Recall: Field Safety Notice” with regards to its LifeGlobal global® Media. This recall was issued after clinical embryologists noticed statistical anomalies in which very few or none of their on-site embryos were developing properly. Recall letters were sent directly to fertility clinics, rather than to individuals. 

On February 14, 2024, the FDA posted a global medium recall on behalf of CooperSurgical, that included the following global culture media batch numbers:

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

Physicians and couples who had used these affected products during their IVF treatments reportedly found their embryos suddenly stopped growing or became nonviable shortly after creation. These outcomes were unexpected for both the patients and their fertility doctors. 

CooperSurgical’s subsequent investigation showed that the medical issues observed in the field were likely due to a reduced level of magnesium in the culture media. Lower levels of magnesium could impact embryo development, and prevent embryo development before reaching the blastocyst stage.

Why File a CooperSurgical IVF Lawsuit?

Fertility doctors, clinics, and patients trusted CooperSurgical to provide quality products to facilitate the arduous IVF treatment plan. The company has promoted its fertility products as well-researched, tested, and safe for the process of growing fertilized eggs into viable embryos through in vitro fertilization. The company has made claims that its embryo media is manufactured in “world-class” facilities to the “highest standards for product safety and reliability.” 

This latest disturbing timeline of events, however, runs counter to what CooperSurgical has promised to consumers. It is clear that the company may have failed to sufficiently test the embryo culture media that they manufactured, marketed and sold to CNY Fertility and other nationwide fertility clinics. Thus, many couples have elected to take legal action for CooperSurgical contamination issues. 

In addition to the huge amounts of time and emotional energy expended on IVF treatments, many individuals have stressed their personal and household finances to take a chance.