Hopeful families across the U.S. are now pursuing legal action after CooperSurgical, Inc. distributed defective embryo culture media used in in vitro fertilization (IVF) treatments. The faulty product has been linked to the failure of embryos to develop properly, destroying the last hopes of many individuals and couples to start a family.
At Salenger, Sack, Kimmel & Bavaro, we’re representing families impacted by this heartbreaking error. If your IVF treatment failed and you suspect CooperSurgical embryo fluid may be the cause, you may be eligible to file a lawsuit and seek financial compensation.
CooperSurgical’s recalled embryo culture media was intended to support early embryo development. Instead, patients and clinics began reporting failed embryo growth at the blastocyst stage—a critical point in IVF.
According to the FDA, CooperSurgical issued a Class II recall on December 13, 2023, after distributing nearly 1,000 defective bottles of IVF culture solution nationwide. Despite this recall, the damage had already been done for many families.
For many people, IVF is not just a medical procedure—it’s their last chance to build a family. Patients invest physically, emotionally, and financially in the IVF process:
Hormonal injections and egg extraction surgery
Emotional toll of repeated treatments
Tens of thousands of dollars in out-of-pocket costs
Limited number of viable eggs, especially in older patients
When a product failure like this occurs, it robs people not only of money—but of dreams, time, and biological opportunity.
A consumer class action lawsuit has been filed against CooperSurgical, claiming the defective embryo media caused the loss of thousands of embryos. More than 30 lawsuits are currently pending across the U.S., and the Judicial Panel on Multidistrict Litigation (JPML) is expected to decide on consolidation into a federal MDL (multidistrict litigation).
This coordinated litigation seeks to recover:
IVF treatment costs
Emotional distress damages
Costs for future fertility options (such as egg donors or surrogacy)
You may be eligible to join an IVF embryo fluid lawsuit if:
You underwent IVF treatment in November or December 2023, or shortly before or after
You were notified of the use of CooperSurgical embryo culture media
Your embryos failed to develop or were destroyed during the culture phase
You experienced emotional, financial, or physical harm due to the failed IVF cycle
Even if you did not receive a recall notice, you may still qualify. New reports suggest CooperSurgical’s product may have been defective for a broader time frame than initially disclosed.
CooperSurgical’s IVF embryo solution was distributed to fertility clinics in over 30 states, including:
California, Florida, New York, Texas, Illinois, New Jersey, Massachusetts, Pennsylvania, Virginia, Georgia, Arizona, Washington, North Carolina, Ohio, Indiana, Michigan, and more.
If you received IVF services in late 2023 or early 2024 in one of these states, and your embryo development failed, your clinic may have used the recalled product.
At Salenger, Sack, Kimmel & Bavaro, we understand the unique pain and trauma caused by infertility and failed IVF. Our team—including attorneys with deep experience in medical device litigation—has previously secured multi-million dollar settlements for clients harmed by medications like DES (diethylstilbestrol), which caused infertility and birth defects.
When you work with us, we will:
Review your medical records and IVF treatment documentation
Determine whether your clinic used CooperSurgical’s recalled media
Help you join a class action or file an individual claim
Pursue maximum compensation for your pain, suffering, and expenses
Reimbursement for IVF treatment costs
Future fertility treatment expenses (donors, surrogacy, etc.)
Emotional distress and psychological trauma
Lost opportunity to build a family
You only have a limited time to take legal action. Reach out to our team to schedule a free consultation and determine if you qualify for the CooperSurgical IVF embryo fluid lawsuit.
Call (800) 675-8556 or fill out our contact form today!