The lawsuit is the third filed against CooperSurgical over the toxicity of its embryo culture media, which prompted a December 2023 recall

LOS ANGELES, CALIFORNIA, UNITED STATES, January 24, 2024 /EINPresswire.com/ -- A company promoting itself as a market leader in assisted reproductive technology sold prospective parents a solution crucial to embryo development that ended up being toxic, according to a lawsuit filed in Los Angeles County Superior Court Tuesday afternoon.

The case is A.H. v. The Cooper Companies, Inc., case number 24STCV01785. A conformed copy of the complaint can be found at this link.

The lawsuit alleges that CooperSurgical Inc., a subsidiary of the San Ramon-based The Cooper Companies Inc., issued a recall notice in December 2023 after it became apparent that the company had failed to ensure the sterility and quality control of their embryo culture media, leading to the destruction of developing human embryos.

The plaintiff and their partner successfully retrieved and fertilized 28 embryos as part of the IVF process in November 2023, but lab attempts to develop these embryos in the following days uniformly failed.

While the plaintiff’s fertility team ultimately suspected CooperSurgical’s solution was the culprit, the company’s recall - which merely cited a “high volume of customer complaints” related to the impairment of embryo development caused by its product - removed any doubt, according to the complaint.

“As a ‘market leader[s] in ART media,’ Defendants are aware that individuals, including plaintiff, exert considerable effort to obtain and utilize viable human embryos. These individuals attribute significant value to viable human embryos, make substantial financial investments in acquiring them, and trust Defendants not to destroy these invaluable and often irreplaceable human embryos,” the plaintiff’s complaint states. “Defendants’ conduct was an extreme departure from the industry standard, was despicable and carried out with the willful and conscious disregard of the rights and safety of the plaintiff.”

The plaintiff is seeking restitution in the form of compensatory and punitive damages to be determined by a jury for product liability, gross negligence and unjust enrichment claims. The lawsuit is the third of its kind filed in Los Angeles County Superior Court in the wake of the company’s December 2023 recall.

The plaintiff is represented by Joseph Lavi of Lavi & Ebrahimian LLP and David deRubertis of The deRubertis Law Firm.

“Our hearts go out to the individuals whose family planning has been negatively impacted by CooperSurgical’s conduct,” said Lavi. “We understand the emotional, physical, and financial toll that these unfortunate events have had on victims and we are dedicated to holding CooperSurgical accountable for its actions.”

Steven Crighton
+1 203-560-1083
steve@newsroompr.com
Newsroom PR