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IVF Contamination Lawsuit Attorneys

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Last Updated: 02-12-2024

Tainted Embryo Culture Media Causes Needless Losses for Families Seeking IVF

The defective product attorneys of Hach & Rose, LLP are currently reviewing cases on behalf of individuals affected by embryo loss from CooperSurgical’s embryo culture media. The culture media is a solution used by embryologists to support cell growth from fertilization to implantation. CooperSurgical issued batches of this solution that were contaminated, causing many potentially viable embryos to fail. These failures can be devastating, as well as expensive, for families who are trying everything they can to grow, especially those who are on a strict timetable.

If you have experienced embryo loss from a CooperSurgical embryo culture media, contact our experienced IVF contamination lawsuit attorneys at Hach & Rose, LLP to discuss your situation and explore potential legal options.

Tainted Embryo Culture Media Causes Needless Losses for Families Seeking IVF

Embryo Loss Lawsuit: Seeking Justice for Victims

On December 5, 2023, CooperSurgical issued an “Urgent Media Recall: Field Safety Notice” with respect to its “LifeGlobal global® Media”. This recall was issued after embryologists noticed statistical anomalies in which very few or none of the embryos were developing into the blastocyst stage. The common thread among these anomalies was the CooperSurgical’s media culture.

The lawsuits seek compensation for various damages, including:

  • Emotional distress: The emotional anguish and trauma of losing embryos.
  • Medical expenses: Costs associated with IVF treatment and potential future fertility treatments.
  • Lost wages: Income lost due to emotional distress and medical appointments.
  • Punitive damages: To further punish the companies for their alleged negligence.

For years, CooperSurgical has been concentrating its power through multiple consolidations with other medical companies and then cutting costs in quality control as competition waned. Now, it’s been revealed that CooperSurgical sold deadly and contaminated media to an untold number of fertility clinics nationwide, killing human embryos.

Embryo Contamination Lawsuit

Many couples turn to fertility clinics for in vitro fertilization as their last or only option. Couples who lack the ability to conceive naturally or who want to run genetic testing on genes and chromosomes turn to modern day fertility treatment in the field of reproductive endocrinology.

The process of harvesting eggs is very difficult on the woman. For instance, one will be subjected to multiple ultrasounds and repeat blood work. Further, the subject must undergo a series of hormone injections to stimulate the ovaries to produce a number of healthy eggs. Finally, the egg retrieval process requires a needle to be inserted directly into the ovaries.

In this case, CooperSurgical learned of their contaminated media (media is a solution utilized to support cell growth) following a formal letter from a number of embryologists. The letter issued to CooperSurgical stated the media was responsible for the unexplainable loss of embryos. In turn, CooperSurgical did not inform fertility patients when they sent a recall letter solely to fertility clinics. The contaminated media lead to the impairment of embryo development. The CooperSurgical saga has sent shock waves to the entire fertility industry.

If you believe your developing embryos were destroyed in the IVF process by a CooperSurgical solution; please contact us immediately by emailing me at: mr@hachroselaw.com. Our firm is handling these cases all over the nation with the assistance of local counsel when required to be in compliance with bar rules. We want to hold CooperSurgical responsible for the destruction of irreplaceable embryos and stand ready willing and able to assist with your legal claims.

Overview of IVF Contamination Issue

In late 2023, fertility doctors began reporting serious issues involving in vitro fertilization (IVF) products from CooperSurgical Inc. IVF is a medical procedure that helps people who have difficulty conceiving naturally. During IVF, doctors fertilize an egg outside the body and then place the growing embryo into the woman’s uterus. A key part of this process involves using a special liquid called culture media, which helps embryos grow in the early stages after fertilization.

Physicians reportedly discovered a problem with some lots of culture media produced by CooperSurgical. They found that these products might be harming the embryos instead of helping them grow. This discovery led to the recall of three specific lots of the culture media that lacked sufficient magnesium, which is vital for embryo development. Without it, embryos can stop growing or even die.

Many individuals 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. Investigations into these unusual results indicated that culture media from CooperSurgical was a common factor.

As a result, several lawsuits have emerged against CooperSurgical. Plaintiffs allege that the company acted carelessly by selling a product that could not safely do what it was supposed to. They argue that CooperSurgical should have ensured the culture media was safe before making it available to fertility clinics and patients. These lawsuits aim to hold the company accountable for the harm caused to would-be parents who relied on these products to help them have children.

Overview of IVF Contamination Issue

Legal Actions Against CooperSurgical

Several couples in the U.S. and Canada have taken legal action against CooperSurgical because of its allegedly contaminated IVF culture media. These lawsuits claim that CooperSurgical sold a product that was not safe for use in IVF treatments, allegedly leading to many embryos not growing as they should have and resulting in significant distress for those hoping to have children through IVF.

The lawsuits allege product liability, stating that CooperSurgical released a defective product onto the market. People affected by this issue say that the company should have tested the culture media more thoroughly before selling it.

The plaintiffs also claim that CooperSurgical failed to warn doctors and patients about the potential risks. If CooperSurgical knew about the deficiency in their product, they kept patients and doctors in the dark until the unexpected failure of many IVF treatments. They further accuse the company of gross negligence, failure to recall a defective product, and unjust enrichment as a result.

These lawsuits aim to get compensation for those affected by the contaminated IVF culture media. This compensation could cover the costs of the failed IVF attempts and address the emotional suffering caused by this issue. The legal actions also seek to hold CooperSurgical accountable for its actions and to prevent similar

How to Determine If You Have an IVF Contamination Case

If you’re worried that your IVF treatment might have been affected by contaminated culture media, you should contact a knowledgeable lawyer right away. A dangerous drugs attorney can evaluate your situation and determine whether you have a case.

Your lawyer can check the dates of your IVF treatment to see if they match the time frame when the contaminated culture media was in use. They can also determine which culture media your fertility clinic used during your treatment.

Once they have established these facts, your lawyer can review the outcomes of your IVF treatment. If your embryos stopped growing unexpectedly or were deemed nonviable without a clear explanation, your lawyer will investigate if the contaminated culture media is to blame. If your IVF treatment failed because your doctors used one of the recalled products from CooperSurgical, you might have a legal claim against the company.

Possible Compensation in IVF Contamination Claims

If defective IVF culture media produced by CooperSurgical resulted in your unviable pregnancy, the company could owe you compensation for your:

  • Medical Costs:This includes any money you spent on the IVF treatments that were impacted by the contamination. It can also cover future medical expenses related to fertility treatments.
  • Lost Wages:You could be owed money for any lost income caused by the time you had to take time off work for IVF treatments or because of the emotional distress caused by the failed treatments.
  • Emotional Distress:Going through a failed IVF process, especially when it’s due to something completely outside one’s control, can be extremely upsetting. You deserve compensation for the emotional pain and suffering you’ve endured at the hands of a liable corporation.

Plaintiffs suing CooperSurgical have alleged the company acted with gross negligence, which opens the door for punitive damages. This money does not serve as compensation for a particular thing the harmed parties suffered. Rather, it would punish the company and attempt to discourage similar behavior in the future.

Our Commitment to You

Hach & Rose, LLP‘s knowledgeable attorneys are not afraid to take on large pharmaceutical companies. This negligence demands something be done to ensure it never happens again. Our goal is to hold CooperSurgical responsible for the harms and losses they have caused. In turn, we aim to force CooperSurgical along with other fertility treatments and providers to implement more stringent safety measures and quality control. Our actions will hopefully force much needed change in the medical fertility field.

Our attorneys will do what we can to help you get whatever feels like justice to you and your family. We offer:

  • Compassionate & dedicated support: We understand the emotional and psychological impact of losing an embryo. You’ll receive personalized attention and unwavering support throughout the legal process.
  • Clear & consistent communication: We’ll keep you informed every step of the way, ensuring you understand your options and feel empowered to make informed decisions.
  • Aggressive legal representation: We’ll tirelessly fight to secure the best possible outcome for your case, leaving no stone unturned in your pursuit of justice.

The IVF contamination lawsuit attorneys of Hach & Rose, LLP are dedicated to vigorously protecting the rights and interests of those who have been hurt due to CooperSurgical’s negligence and recklessness. In our nearly 25 years of practice, we have recovered over one billion dollars on behalf of our clients. If you have experienced embryo loss due to IVF Contamination, contact us at (212) 779-0057.

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