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Oil for Embryo Culture Recall by FUJIFILM Irvine Scientific

FUJIFILM Irvine Scientific issued a recall on their Oil for Embryo Culture, Model# 9305, lot numbers 0000011351, 0000011367, 0000015999, and 0000016001. The device was recalled after the company received complaints of “reduced blastocyst development, including complete degradation in some cases, during culture of human embryos,” according to a letter issued by the company on January 16, 2023.

The product in question is a sterilized form of mineral oil that’s used during IVF procedures to form a protective barrier over the developing embryo. Normally, the oil protects the fertilized embryo by preventing conditions like evaporation, temperature fluctuations, changes in pH, and gas exchange. However, it’s been discovered that FUJIFILM’s Oil for Embryo Culture tested positive for oil toxicity within batches from the above-mentioned lot numbers. Furthermore, recent tests at some clinics have found a link between FUJIFILM’s mineral oil and low sperm motility (sperm count).

This is devastating news for countless people who have endured the grueling process of IVF in the hopes of having a child. There’s no telling how many women will suffer the agony of losing their embryos or having to abort an embryo that’s already inside them. While nothing can truly make up for what these patients will have to go through, justice is possible through a lawsuit against the manufacturer.

If you or a loved one had to have embryos destroyed or had to have an abortion as a result of this product, please take a moment to reach out to us and learn about your rights from an experienced product recall attorney. Ultimately, the decision to take legal action is up to you, but a lawsuit is a powerful way to hold the company responsible, along with anyone else that may be responsible for your harm and suffering.

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Do I have the Right to Sue the Manufacturer?

Your right to sue the manufacturer is based on California’s strict liability law, which is a legal standard that governs when and if someone can be sued for causing injury (physical and mental) to another party. In the context of a defective product, the manufacturer is responsible if:

  • They manufactured, designed, or distributed a defective product.
  • The product was defective at the point where it left the manufacturer’s possession.
  • The consumer used the product as intended, i.e., in a reasonably foreseeable manner.
  • Due to the product’s defect, the consumer suffered one or more injurie of a physical and/or emotional nature.

In the letter issued to IVF providers on January 16, 2023, the company essentially admitted that certain batches of mineral oil were corrupted, which may lead to “impairment of embryo development and result in poor blastocyst development.” This is compelling evidence of FUJIFILM’s negligence for anyone that had to have an abortion or had to have their embryos destroyed due to degradation and underdevelopment. If you are one of these victims, please contact us for advice and guidance on what you can do to hold the manufacturer accountable for their actions.

Is there a Class Action Lawsuit on these Cases?

Because we are so early in the recall process, there is currently no class action involving these cases. However, we believe that it’s only a matter of time before enough victims come forward, which will serve as the catalyst for a mass tort or class action lawsuit. You can learn more about the class action process during a free, private consultation with one of our lawyers. They can explain all the legal options that are available to you and help you decide which course of action is the most appropriate for you and your loved ones.

Compensation from a Lawsuit against FUJIFILM Irvine Scientific

In a personal injury lawsuit, a victim can seek compensation for the following economic and non-economic damages:

  • Medical expenses for physical injuries
  • Cost of rehabilitative services, including mental health counseling
  • Lost wages / income
  • Pain and suffering
  • Mental anguish
  • Legal fees
  • Punitive damages

We can help you determine which forms of compensation you are entitled to, though pain and suffering and mental anguish factor heavily in cases involving destroyed embryos. These damages refer to the physical pain and emotional trauma that a victim is forced to endure, perhaps for the rest of their life, due to another party’s reckless or careless conduct. For a couple or prospective parent, losing their embryos is the same as losing a child, and the grieving process is intense and life-changing.

Though money can’t replace the child you longed for, it can help you cover the expenses you’ve sustained through no fault of your own. Hopefully, it will also provide you with a sense of resolution, knowing that the responsibly entity has been punished for the harm they’ve inflicted on so many innocent victims.

Other Cases of Egg and Embryo Loss due to a Defective Product

The recent incident involving FUJIFILM’s Oil for Embryo Culture is one of many tragedies involving lost embryos. In 2018, an IVF clinic in San Francisco lost around 3,500 eggs and embryos due to a malfunctioning cryogenic storage tank. According to one of the women who successfully sued the product manufacturer and clinic, “It’s really painful to be at a baby shower celebrating someone else’s family being built and knowing inside you’ll never get that.”

On the same day as the tank failure at the San Francisco facility, a clinic in Cleveland, OH also had a similar issue. The defective cryogenic storage tank ruined over 4,000 embryos and eggs – which was a record loss among fertility clinics in the U.S. While the incident forced many clinics to review their procedures and practices, there’s no denying that the problem stemmed from Chart Industries Inc., the cryogenic tank manufacturer.

Settlement Value for a Destroyed Embryo Lawsuit

Due to the recent lawsuits that we mentioned in the previous section, we can say for sure that these are high value cases, with settlements exceeding the $10 million mark depending on the number of defendants that are involved. The victims of embryo loss at the San Francisco clinic received around $15 million, which was divided as follows: $2 million to $3 million for each of the three women and $7.5 million for the couple.

It’s important to remember that each case is different, so the value of your own lawsuit may be lower or higher than what these plaintiffs received. During a free case evaluation, we can go over the circumstances that are unique to your losses and help you determine the right amount to ask for.

Time Limit to File a Compensation Claim

In general, the statute of limitations for a defective product lawsuit is two years from the date of injury, or from the date of discovering a loss / injury due to another party’s negligence. This is easy to figure out in cases like car accidents, where you can simply go by the date of your accident. But the starting point for compensation claims involving embryo loss is much more complicated. To make sure that you are aware of the deadline to file your lawsuit, please give us a call to discuss your case with an experienced personal injury attorney.

How Long will it Take to Settle my Case?

Our goal is to settle your claim as soon as possible and help you move forward with your life. That’s why we always strive to negotiate a fair amount of damages within 6 months. However, these cases involve extremely sensitive topics, as well as case values that are often in the 7-figure range. Such claims can take two or more years to resolve, depending on the necessary legal actions.

We know how agonizing this process can be for our clients, but please know that we are always here to answer your questions and listen to your concerns. Someone is always available at our law firm, 24 hours a day, 7 days a week, even during holiday and weekends. We are with you every step of the away, and we will not rest until you receive the compensation you deserve.

Lawyers Experienced in Defective Product Liability Cases

Becoming a parent is a dream many people have, and we take it for granted that our bodies will do what they should when we are ready to take that step. Unfortunately, the process is not so easy for people who struggle with fertility issues. Thankfully, fertilization procedures have worked for many of these people, but others are left with lifelong trauma due to a company’s negligence during the manufacturing process.

As the victim of a defective product, you have the right to demand justice in the form of monetary compensation. Our lawyers are more than ready to represent your interests and bring you maximum payment from a lawsuit against FUJIFILM Irvine Scientific. In addition, we provide you with a Zero Fee Guarantee, so that you won’t pay a single penny to retain our services. Our fees are paid by the party you are suing, so the only way we get paid is if you get paid.

Please don’t hesitate to contact us if you’ve been affected by the FUJIFILM Irvine Scientific Oil for Embryo Culture recall.


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By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 am PST – 9:00 pm PST). This is so that we may reach you as soon as possible in order to consult on your potential case.