Rich and Mushka v. The Cooper Companies Inc., and CooperSurgical Inc.

Current Status

What is this claim about?

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.

Who does the claim affect?

The class action was filed on behalf of all residents of Canada who were patients undergoing IVF and which utilized the Recalled Culture Media.

Who are the lawyers?

This class action is being pursued by a team of lawyers at Murphy Battista LLP, led Bill Dick, K.C. and Tess Guay, along with a team from Slater Vecchio, led by Sam Jaworski.

What should you do if you have been impacted?

Retain all documentation regarding your situation. Also, please contact us by submitting the form below to be added to our database. A member of the legal team will contact you to confirm your information to ensure you are kept apprised of developments in this matter.


If you have questions or would like to be included in our database of class members, you can email [email protected] or call Murphy Battista’s Vernon office at (778) 738-3216 or Toll Free at 1-844-633-3817, and ask to speak to a member of the legal team handling the CooperSurgical IVF Class Action. Reception will transfer your call to someone who can help you.

What is a class action?

A class action is a legal case through which one person makes a claim to the Court on behalf of a similarly situated class of people who have the same or a similar legal claim. A class action seeks to hold a defendant or defendants responsible for their conduct that affects each member of the class by resolving issues that are common to the class in the same legal proceeding, instead of each class member bringing a claim individually.

The individual who first files the claim must ask the Court for permission to proceed as a class action.  If permission is granted (referred as “authorized” in Quebec, and “certified” in all other Canadian provinces) and the case may proceed as a class action, the Court will appoint an individual as “Representative Plaintiff” to represent the best interests of the class during the litigation and define the class group.  Each person who meets the criteria of the class group is considered a “Class Member”.


CooperSurgical IVF Class Action Questionnaire

Personal information that you provide to us for the purpose of determining your possible involvement in the class action will be treated as private. Read our privacy policy for more information. Please fill out the online form below and someone from our office will contact you to go through your details

You can use the "Save and Continue Later" option (at the bottom of the page) if you need to finish filling it out at another time.

Alternatively, you can download a fillable PDF form instead, and fill it out using a PDF reader software such as Adobe Acrobat Reader and email it to [email protected] with the subject line: CooperSurgical IVF Class Action.

Please note you will need an internet connection to submit the form.

Your preferred contact email(Required)
Date of birth
Did you receive a recall notice letter from your fertility clinic?