WYLIE, Texas — A Wylie couple undergoing in vitro fertilization has joined a growing number of families suing CooperSurgical. The couple alleges in court documents that they lost 19 embryos as a result of a faulty solution used to facilitate embryonic growth manufactured by the company.
“Growing up as a refugee, Plaintiff was raised under constant pressure—she was taught to plan carefully and spend responsibly. Years later, when Plaintiffs began trying for pregnancy, she struggled with having to seek out [IVF] for help,” the lawsuit reads. “She felt incredibly guilty for failing to get pregnant naturally, so the decision to turn to IVF was not one she took lightly.”
After a successful egg retrieval, the couple says they were told none of their embryos developed properly.
“When Plaintiff…got the news that none of her embryos had properly developed, she spent the entire day crying. It was the hardest news she had ever received. Plaintiffs struggled to work through the pain of the news and fought like they never had in their decades-long relationship,” the lawsuit continues.
The couple was not named in court documents and declined an interview request through their attorney.
The couple alleges in the lawsuit they were told that the culprit was “almost certainly” CooperSurgical’s recalled solution. The manufacturer voluntarily recalled three lots (nearly 1,000 bottles) of the solution, called “culture media,” in December, according to the U.S. Food and Drug Administration.
“Unfortunately, what we learned late last year is that CooperSurgical created this media missing a critical and crucial nutrient – the nutrient magnesium,” said attorney Tracey Cowan of Clarkson law firm, representing the couple. “As a result of that, across the country and in Canada, couples found that their embryos were wiped out or had very delayed development.”
“They have been completely devastated by this situation,” Cowan said. “It has caused terrible strife in their relationship. It has caused them terrible grief and depression.”
“These should have been incredibly healthy embryos. They should have had a wonderful result here if not for this deficient product,” Cowan added.
“While we cannot address ongoing litigation, quality and compliance are fundamental parts of the value we provide to our customers and are our core focus,” a statement from CooperSurgical reads. “In accordance with the requirements of our quality management system, a media recall was initiated to proactively address any possible issue with our products while we continue to investigate.”
Cowan says the recent Alabama Supreme Court ruling that embryos can be considered children under state law has added to anxiety surrounding IVF for her clients.
“While the law in that case doesn’t directly affect any of my clients, it is giving them all the more anxiety and stress as they look at that ruling and they worry whether their access to IVF services may be limited in the days to come,” Cowan said.
It’s unclear how many families were impacted.
