CooperSurgical IVF Media Recall Lawsuit (2024)

At least three lawsuits have been filed against CooperSurgical, each claiming that the company’s product — used to grow embryos — was toxic and resulted in the destruction of the plaintiffs’ developing embryos.   

CooperSurgical sent a recall notice to fertility clinics on December 5, 2023, stating that many IVF clinics complained about the high rates of failure of the development of the embryos for many of their patients. According to the lawsuits, the company did not adequately test its product and only sent the recall notice after the damage had already been done.   

We understand the emotional toll of embryo loss and will approach your potential case with the empathy and compassion it deserves. We are the first and only law firm in the nation to take an embryo loss case all the way to trial (with our co-counsel), where we won a $15 million verdict on behalf of patients who tragically lost eggs and embryos in a cryo-preservation tank failure.  

“The jury spoke loudly and unequivocally today, and their clear determination of [Defendant’s] responsibility for the defective tank will have significant ramifications for future cases…” “We are proud of this result and for achieving some amount of justice and closure for our clients through this trial.” – Amy Zeman, Lead Plaintiffs Attorney 

“The communication was just great. They always made me feel like I was important.” – Kristen B. 

The recall notice was only sent to the fertility clinics that used the defective products. CooperSurgical did not notify the affected patients directly. In fact, it is not immediately clear that all affected clinics plan to directly alert patients.   

 If you underwent fertility treatment from October 2023 to December 2023, the development of your embryos may have been damaged by the defective product. You should contact your clinic immediately to confirm if they used an affected lot. If so, you may have a legal claim.  

 CooperSurgical recalled three production lots of its product:  

• 231020-018741  
• 231020-018742  
• 231020-018743  

Amy Zeman, the partner leading our Embryo Loss Litigation Team, has been recognized with numerous awards for her work.  

• Top Women Lawyers in California, Daily Journal, 2023, 2021 
• Winning Litigators Award Finalist, National Law Journal, 2021 
• MVP for Product Liability, Law360, 2021 
• Top Plaintiff Lawyers in California, Daily Journal, 2021 

These lawsuits seek to hold CooperSurgical responsible for the profound emotional distress and financial challenges IVF patients who lost their embryos experience.  

These lawsuits are focused on obtaining justice and money for individuals whose embryos may have been lost or damaged due to the toxic solution supplied by the company. Individuals may be eligible for compensation due to emotional distress, medical expenses, lost wages, or punitive damages.