Notice of Civil Claim filed January 10, 2024

Click to read the Notice of Civil Claim

Murphy Battista LLP has filed a class action lawsuit against The Cooper Companies Inc,  and CooperSurgical Inc. (the “Defendants”), for harm caused to embryos resulting from the Defendant’s production of defective Embryo Culture Media for In Vitro Fertilization treatments (“IVF”) and negligent conduct.

IVF is used by individuals and couples for purposes including preserving fertility and difficulty with conceiving a child. The process involves fertilizing the egg outside of the uterus, allowing the egg to develop, and then freezing or implanting the developed embryo into the uterus. After the egg has been fertilized, it is left in a culture media to help aid in its development.

It is alleged that the Defendants did not sufficiently test the Embryo Culture Media that they manufactured, distributed, and/or sold. As a result, they sold defective lots of Embryo Culture Media, which turned out to be toxic to human eggs, sperm, and embryos (“Toxic Embryo Culture Media”).

The Defendant’s manufacturing, distributing and/or selling their Toxic Embryo Culture Media resulted in the death of the representative Plaintiff’s developing embryo(s). Only after the Plaintiff’s embryo(s) died due to contamination from the Defendant’s Toxic Embryo Culture Media did the Defendant’s recall multiple lot of their Toxic Embryo Culture Media, including the lot that ruined the Plaintiff’s embryo(s).

On December 8, 2023, Health Canada published a recall for 3 lots of culture media produced and sold by LifeGroup Global LLC, The Cooper Companies Inc, CooperSurgical Inc, and CooperSurgical Canada Inc. (the “Recalled Culture Media”). The recall was initiated after high reports of impaired embryo development had been reported. Health Canada has confirmed that the recalled IVF culture media is associated with higher than predicted reports of impaired embryo development.

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