CooperSurgical Reaches Settlement in Embryo Destruction Class Action Lawsuit

Details of settlement have not yet been released, and judge says cases could be reinstated if no deal is finalized within 90 days.

A settlement has reportedly been reached between CooperSurgical and couples whose embryos were destroyed due to damage caused by the company’s recalled LifeGlobal IVF culture media, which was used at certain fertility clinics.

As part of the in vitro fertilization (IVF) process, embryos are typically placed in a culture media that promotes and supports development through the blastocyst stage, before it is implanted back into a woman’s body to be carried to term.

LifeGlobal IVC Culture Media Recall

In late 2023, CooperSurgical announced a LifeGlobal IVC culture media recall. In its notice, the company indicated that the product was destroying embryos instead of helping them grow, dashing the hopes of couples hoping to have children and significantly increasing an already costly fertility treatment.

This has led to dozens of CooperSurgical IVF culture media lawsuits being filed over the last couple years, each raising similar allegations that indicate the company manufactured and distributed a defective product that was unreasonably dangerous for the embryos. The filings also claim CooperSurgical failed to warn prospective parents or the clinics that their fertilized embryos could be destroyed, making them unusable.

CooperSurgical Settlement

A settlement was announced on May 5 in an order to dismiss (PDF) the existing lawsuits once the agreement is finalized. It resolves a LifeGlobal IVC culture media recall class action lawsuit filed in March 2024, which sought to represent individuals who experienced embryo loss due to the allegedly defective culture media.

The agreement follows a decision by the U.S. Judicial Panel on Multidistrict Litigation (JPML) to reject a motion by plaintiffs seeking to centralize all CooperSurgical culture media lawsuits before one judge for coordinated discovery and pretrial proceedings. That motion, filed in June 2024, indicated there were at least 30 CooperSurgical culture media lawsuits pending in federal courts nationwide.

However, the panel found that formal consolidation was unnecessary, determining that informal coordination between the parties and various courts was sufficient to manage the litigation.

U.S. District Judge Jon S. Tigar issued the dismissal order, which did not include any details about the settlement terms. The deal was presented to Judge Tigar last Friday, and he noted that the lawsuit could be reinstated within three months if the settlement is not completed.

“This order will be vacated if any party, after meeting and conferring with opposing parties, files a notice that settlement has not occurred within 90 days of the date of this order.”

– U.S. District Judge Jon S. Tigar, Northern District of California

Sign up for more legal news that could affect you or your family.