05 Jan CooperSurgical Caused Embryos’ Demise, New California Suit Says

CooperSurgical Inc. sold a defective medical product that “turned out to be toxic to human embryos, eggs, and sperm,” according to a complaint filed by two Los Angeles couples Thursday.

The couples—the first identified as A.B. and C.D, and the second identified as E.F. and G.H.—sued the medical device maker in the California Superior Court, Los Angeles County, alleging that a solution in which the embryos were cultured had, instead, led to their destruction.

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The solution, known as an embryo culture media, “plays a pivotal role” in the in vitro fertilization process, the couples said in their complaint. Fertilized eggs are immersed in the solution for about five to seven days, during which they develop to the blastocyst stage, they say.

But the couples’ embryos didn’t develop as planned and weren’t considered suitable for implanting in the women’s bodies. The culprit, according to the complaint, was either improperly made or contaminated culture media.

CooperSurgical knew or should have known that its culture media was toxic to human embryos, the couples say. It “failed to properly inspect, assemble, compose, and/or test” the product, including lots that were recalled in late 2023, they say.

The device maker willfully and consciously disregarded the safety and rights of others, including couples undergoing IVF, the complaint says.

The complaint alleged strict products liability causes of action for manufacturing defects, design defects, and failure to warn; and accused CooperSurgical of negligence and negligent failure to recall the culture media.

The couples are seeking past, present, and future economic and noneconomic damages in an amount to be determined at trial, exemplary damages, and costs.

Peiffer Wolf Carr Kane Conway & Wise LLP represents the couples.

The cases are A.B. v. CooperSurgical, Inc. , Cal. Super. Ct., No. unavailable, filed 1/4/24 ; E.F. v. CooperSurgical, Inc. , Cal. Super. Ct., No. unavailable, filed 1/4/24 .

Full Story: Bloomberg Law January 4 2024