CooperSurgical Lawsuits

Women are filing IVF fluid lawsuits against CooperSurgical. They claim that the poor product quality of the IVF fluid (missing a key ingredient) caused issues with embryo development. The embryos negatively affected by the IVF fluid couldn’t be implanted or were destroyed. CooperSurgical recalled the IVF fluid on December 13, 2023.

CooperSurgical recall

The CooperSurgical recall involves three lots of defective culture media. This IVF media culture is a solution used to help fertilized eggs grow into embryos. The embryos are then used for in vitro fertilization (IVF). Following numerous complaints, CooperSurgical voluntarily recalled the defective IVF media culture in December 2023. 

Culture media is a critical component of the IVF process. After eggs are extracted, they are combined with sperm in a laboratory to create embryos. These embryos are then placed in culture media. This media is a fluid that provides essential nutrients and mimics the environment of a woman’s reproductive system. The recalled media was missing magnesium, a nutrient critical for the development of embryos. Without magnesium, embryos are not suitable for implantation. 

CooperSurgical recalled almost 1,000 bottles of the media. About 500 of the bottles had been sold to fertility clinics in the United States. Each bottle contains enough liquid for numerous patients. If only half of the tainted bottles were used in U.S. clinics, as many as 20,000 patients may have been affected.

Who is filing CooperSurgical IVF fluid lawsuits?

People filing CooperSurgical IVF fluid lawsuits claim that the company’s defective culture media destroyed their embryos. Some lawsuits blame CooperSurgical’s manufacturing problems and rapid growth within the fertility industry.

Many people filing IVF fluid lawsuits against CooperSurgical may have struggled with fertility issues for an extended period before turning to IVF treatment to conceive. After healthy embryos are created, they usually remain in the laboratory for five days to ensure they are developing properly before being implanted. The affected couples created healthy embryos but were later told the embryos were lost while developing in the defective IVF fluid. 

Many people are filing lawsuits against CooperSurgical for this defect. As of July 2024, approximately 30 cases have been brought in Federal Court (Northern California). Motley Rice lawyers expect more to be filed. 

Women are filing lawsuits against CooperSurgical because of their Paragard IUD. The lawsuits allege severe health effects caused by the birth control device. The Paragard lawsuits allege that a manufacturing defect causes the Paragard IUD to break inside the body. These broken pieces can cause serious internal injuries. 

The Paragard IUD is a T-shaped plastic frame wrapped in copper wire and inserted into a woman’s uterus by a healthcare provider. The copper causes inflammation in the uterus. The inflammation interferes with the fertilization of an egg, preventing pregnancy. Two threads are tied to the tip of the IUD frame, allowing for the device to be removed without surgery. 

In its marketing, the company overstates the safety of Paragard and minimizes risks, plaintiffs allege. It promotes the IUD as the safest type of long-lasting, noninvasive and non-permanent birth control option available. Plaintiffs argue CooperSurgical downplays the risks linked to removing the IUD, including its tendency to break inside women’s bodies.

Many women whose IUD broke during removal had to have surgery to remove the broken pieces of the device. Some have required hysterectomies that permanently took away their ability to have children.

The FDA's Adverse Event Reporting System (FAERS) has received more than 6,000 Paragard reports. About 80% of those reports were determined to be serious. In 2023, there were 1,231 reports of device breakage, the most in a single year since Paragard tracking began. FAERS is intended to help identify safety concerns related to marketed products, but it does not prove any product or drug is linked or caused a particular side effect or injury. The information in the FAERS reports has not been verified.

People are pursuing CooperSurgical Paragard lawsuits to seek compensation for the damages they suffered because they used the device. These losses may include additional surgery (including hysterectomy and hysteroscopy), infertility and pain.

Who is eligible to file a CooperSurgical Paragard IUD lawsuit?

People who are interested in filing a Paragard IUD lawsuit will need to meet eligibility requirements. These requirements might include:

• Receiving a Paragard device implant by a healthcare provider
• Experiencing breakage of the Paragard device before or during removal
• Suffering a personal injury because of the broken Paragard IUD

Those considering filing a Paragard copper IUD lawsuit must provide documentation proving they meet the requirements. A Paragard attorney at Motley Rice can outline the information needed to file a lawsuit. We have already assisted many people in filing lawsuits against CooperSurgical alleging this issue.

The attorneys at our law firm have experience representing people alleging harm by defective products, including medical devices, breast implants and birth control measures affecting women and children. Our involvement with cases affecting women and children includes:

• Breast implant litigation: People with defective Allergan breast implants have developed BIA-ALCL, a type of lymphoma. Motley Rice represents harmed plaintiffs in these lawsuits. Motley Rice attorney Sara Couch serves on the Plaintiffs’ Steering Committee for the MDL.
• Hair relaxer litigation: Women exposed to toxic chemicals in chemical hair relaxers are suing, alleging these products caused endometrial cancer, ovarian cancer and uterine cancer. Motley Rice is involved in hundreds of these lawsuits on behalf of harmed women or their estates. Motley Rice attorney Fidelma Fitzpatrick is co-lead counsel for the multidistrict litigation (MDL).
• Talcum powder litigation: Products like baby powder have been linked to ovarian cancer. Motley Rice attorneys Daniel Lapinski and Carmen Scott are members of the Plaintiffs’ Steering Committee (PSC) for the talcum powder MDL.

Learn more about our experience advocating for women’s health.