CooperSurgical, a major IVF medical supplies company, is facing a wave of lawsuits from people whose embryos were destroyed by a faulty product. The product, global© Medium, has been sold in the United States and around the world, but it is now subject to an FDA recall. CooperSurgical is not the only IVF medical company that has faced lawsuits from patients who have had their embryos destroyed, either by negligence or accident. However, the issue is facing particular scrutiny in light of the recent political debate over embryos and personhood.

In the case of CooperSurgical, the embryos were destroyed due to a fault with the medium cultures, a solution used to stimulate cell growth in the embryo. IVF culture media come in various forms, but CooperSurgical’s branded global Medium seems to have been missing a key magnesium nutrient, causing the embryos not to develop and, effectively, rendering them useless.

IVF is expensive, risky, and often stressful, so it’s understandable that those who lost embryos are pursuing legal action and compensation. Many patients see their stored embryos as their only chance to have children, and to have that opportunity taken from them is cruel. Where a company has been at fault, it is only fair that some kind of compensation will be paid. Judges have agreed with that sentiment in recent years, paying millions of dollars in compensation to those who have had their embryos destroyed.

There have been several high-profile legal cases involving IVF eggs and embryos recently. In February 2023, the Supreme Court of Alabama declared that frozen embryos in vitro (outside of a natural womb) should be considered children legally. The ruling has massive implications. For example, it may lead to criminal cases for anyone destroying embryos, even if that process is carried out with the permission of the IVF patient. The case has caused the temporary shutdown of some IVF clinics in Alabama.

The decision from the Alabama SC came after another huge IVF scandal that went public in December 2023. The FDA ordered a recall of certain batches of CooperSurgical’s medium cultures after they were found to have destroyed embryos. The cultures were used in treatments here in the US and around the world. Several couples whose embryos were destroyed have taken out lawsuits against CooperSurgical.

There have been several major lawsuits dealing with lost embryos in recent years. Perhaps most notably, numerous lawsuits were launched in 2020 against a Cleveland, Ohio, clinic that lost 4,000 patients’ embryos and eggs due to a freezer malfunction. Around 80 lawsuits were filed, many of which were settled. Unfortunately, such cases are common across the country.

In 2021, a landmark IVF embryo lawsuit came to an end after a three-year battle. The lawsuit was brought by five patients of Pacific Fertility Center who were among those who lost thousands of frozen eggs and embryos. The lawsuits alleged the clinic was negligent in its storage procedures, which ultimately led to thawing and loss of the embryos and eggs. A California jury found for the claimants, awarding them $15 million in damages. More importantly, the case was seen as a significant one in determining the rights of patients pursuing compensation for destroyed embryos.

The rights of IVF patients who have lost embryos and eggs have long been a hot-button topic of debate in the United States. As we have seen, some settlements have amounted to millions of dollars per claimant. Yet, many different factors would need to be assessed, including the legal agreements in place before the procedure. It is clear, though, that many IVF patients who have been robbed of their chance to have children are stepping in to bring lawsuits against the institutions they paid to care for their embryos, and many have received significant compensation.

If you have had embryos or eggs damaged while undergoing IVF, you may be entitled to compensation. The legal cases for involuntary embryo destruction are becoming more commonplace, with many high-profile fertility clinics being sued. Speak to a lawyer to check your eligibility, and they will take you through the necessary steps to sign up and begin your claim for compensation.

Do fertility clinics destroy embryos?

Yes, for a variety of reasons. At the patients’ request, a fertility clinic may destroy embryos after the IVF cycle has been completed. Embryos may also be destroyed if storage fees are not paid or medical insurance expires. Unfortunately, embryos may also be destroyed by accident or negligence. If the latter case, the patient may bring a lawsuit against the clinic or other responsible party.

What causes defective embryos?

Many different factors can cause defective embryos, even unexplained issues. We have seen some evidence of faulty medium cultures destroying the embryos and improper storage procedures rendering the embryos useless.

What is the controversy around IVF?

There is no controversy around IVF as a process, as such. Rather, the status of embryos has been in focus after the Supreme Court of Alabama ruled that they should legally be considered children. This ruling was explosive, causing IVF clinics to cease operations over fears of legal reprisals in the disposal of embryos. Other lawsuits have been brought for the unwilful destruction of embryos.

What is the court case about frozen embryos?

When undergoing IVF, many hopeful parents choose to have their embryos frozen. This may allow them to undergo several rounds of IVF. There have been several major lawsuits brought by patients who have had their embryos destroyed by fertility clinics.

What is the IVF error lawsuit?

There have been several high-profile cases of IVF patients being implanted with the wrong embryos and later giving birth to babies not genetically related to them. One of the most notorious cases came in California in 2021, with two women being implanted with each other’s embryo. Both women sued the fertility clinic.

Which fertility doctor is being sued?

Most famously, Dr. Merle Berger. A woman who underwent fertility treatment at Berger’s clinic in 1980 alleges Berger impregnated her using his own sperm in an intrauterine insemination procedure. The woman’s daughter took a DNA test in 2023, claiming it proves Dr. Berger is the father. The family has taken legal action against Berger.

Why did UAB stop IVF?

The University of Alabama at Birmingham (UAB) and other Alabama fertility clinics have paused IVF procedures after the state Supreme Court’s ruling. The clinics claim they are evaluating the court’s decision to class embryos as people.

Why is IVF considered high-risk?

IVF isn’t considered high-risk as a medical procedure, although there can always be complications. The procedure may be viewed as risky as IVF can be highly expensive and is not always guaranteed to work.