Multiple Couples Suing CooperSurgical after the Loss of Embryos – IVF Oil Defect Lawsuit Attorneys
A Summary of the Lawsuits Filed
In January, two Los Angeles couples filed their lawsuit. These couples resorted to IVF to try to have biological children, but their hopes were shattered after finding out that their embryos stopped growing or became nonviable after coming into contact with the culture solution that was supposed to help them thrive. The lawsuit alleges that the medical company was negligent when it sold the defective embryo culture to fertility clinics to be used during IVF treatments. In December, CooperSurgical issued a recall warning that the company had become aware of “a sudden increase in complaints for three associated lots” resulting in “performance issues” and “impaired embryo development prior to the blastocyst stage.” These couples underwent IVF in November of 2023; they had multiple eggs extracted and fertilized, and embryos were placed in the affected culture solution. This lawsuit alleges that the company intentionally limited the distribution of their recall notices and has not adequately disclosed the severity of this situation. Reportedly, at least of the affected couples lost all but one of their embryos this way; their surviving embryo was later deemed unviable, and the couple lost their ability to have a biological child.
On Thursday, February 15, 2024, another couple (from Virginia) also filed a lawsuit against the company. This marks the eighth lawsuit against CooperSurgical in just two months. Collectively, claimants say that they have lost over 100 embryos.
What was Wrong with the Culture Media?
Reportedly, the culture media was missing a key nutrient – magnesium. This caused the embryos that were placed in the solution to stop developing and become unviable. According to the FDA, over 1,000 bottles of the culture media were affected. They claim that approximately half of these affected bottles were purchased by clinics within the U.S.
$1.96 Million
$1.4 MIllion
$600,000
$825,000
$500,000
$460,000
$420,000
$525,000
I Lost My Embryos – Can I Sue?
Yes, you could have the right to sue if you lost your embryos as a result of the defective culture media. This is based on the concept of product liability. The companies that manufacture solutions used in fertility treatments have the duty to ensure that their products are completely safe to be used; they must meet all safety guidelines and have all necessary components to make sure that they work effectively. As mentioned above, the affected culture media was missing a very important nutrient (Magnesium), which caused the embryos to stop developing. Before this solution even made available for clinics, the company should have thoroughly inspected their product to be able to identify and address any issues (like missing nutrients). CooperSurgical failed to ensure that their culture media was safe; therefore, they can be held accountable for all damages directly caused by the defective product.
The Damages Resulting from the Defective Culture Media
For couples resorting to IVF, this treatment is their only chance of becoming biological parents. Although this situation did not cause any physical injuries to parents, the mental and emotional harm caused by the loss of these embryos – the only chance for these couples to become biological parents – is devastating.
Based on the details surrounding each claim, affected claimants may be entitled to recover compensation for the following:
- All medical costs
- Lost income
- Pain and suffering
- Punitive damages
- Legal fees
Here at our law firm, our legal team is committed to getting you the maximum payout available. Of course, monetary compensation will not replace your embryos or fill the void caused by the loss. Still, it is important for the negligent company to be held accountable. Our legal team is ready to go above it all to secure the highest settlement available for your claim.
How long will it take to settle my claim? This is a very important question. We understand that this is a very difficult time for you and your family, and you want to put this whole experience behind you once and for all. Our team is committed to settling these claims in as little as six months. However, more complex cases can take up to two years to settle.
How Long Do I Have to File My Lawsuit?
In California, these cases are subject to a two-year statute of limitations. This means that claimants have up to two years to file their claims. This timeframe varies from state to state, ranging anywhere from just one year to up to six years. If you are unsure of the time that you have to file your claim, seek legal help as soon as possible. If you do not file your claim on time, you could lose your right to sue entirely. Do not wait to speak to a lawyer, contact us today.
Contact the Downtown L.A. Law Group Today
This is unfortunately not the first time that culture media turns out to be defective and has caused embryos to be lost. Here at our law firm, we understand the severity of this situation, and we are committed to helping victims get justice. Our IVF oil defect lawyers are ready to help you. To remain as accessible as possible, our team offers free legal services. These include free consultations and free second opinions. Whether you are looking to begin your claim or redirect your claim after starting it with another firm, you can trust that our team will be available to answer all questions, address all concerns, and provide you with all the information that you need to begin or continue your claim.
Our Zero-Fee Guarantee ensures that our clients will not be required to pay any upfront legal fees. In addition, we work on contingency; our clients will not be required to pay anything if their claims are unsuccessful.
If you are ready to speak with our knowledgeable IVF oil defect lawsuit lawyers, contact us today.
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