Couple Sues CooperSurgical Over Failed Embryo Transfer
A new lawsuit alleges that a defective culture media lot lacking magnesium caused the loss of a viable embryo.
Updated on Oct. 30, 2026 in Pregnancy
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A couple filed a lawsuit against CooperSurgical following a failed embryo transfer on November 30, 2023. The complaint claims that the fertility clinic used a recalled culture media lot that lacked essential magnesium, resulting in the loss of their embryo.
Why it matters
The legal action highlights concerns regarding quality control in fertility products and potential failures to notify clinics about development issues. It follows a broader pattern of litigation involving the same medical product.
The lawsuit alleges the culture media used in the 2023 transfer lacked magnesium, which is critical for development. Currently, there are at least 30 active lawsuits involving this media pending in federal courts across the country.
The players
CooperSurgical
This medical device company specializes in fertility and women's health products used by clinics for IVF procedures.
The details
The couple underwent hormone therapy and daily progesterone injections before their clinic thawed and cultured the embryo in the recalled media. Although the 2023 transfer failed, the couple successfully welcomed a daughter following a second transfer on February 7, 2024.
Timeline
November 2020: L.B. began fertility treatment.
June 2021: L.B. underwent an egg retrieval.
November 30, 2023: The clinic performed an embryo transfer using recalled media.
February 2, 2024: A physician informed the couple of the media defect.
May 2026: CooperSurgical reached a class action settlement.
Culture Shift
This lawsuit follows the pattern established by the May 2026 CooperSurgical class action settlement, which resolved similar claims of defective media. These legal developments reflect a growing focus on accountability for biological products used in fertility treatments.
Patients undergoing IVF may face additional uncertainty regarding the quality of materials used in their care. Families can speak directly with their fertility physicians about the specific media lots used in their own treatment cycles to confirm they are not part of a recall.
The takeaway
Patients should maintain open communication with their reproductive endocrinologists regarding the components used during embryo development. Reviewing clinical protocols can help families feel more secure about the steps taken to protect their biological samples.
Further reading
For more information on fertility procedures, visit the Pregnancy section.
Source note: This article includes information reported by AboutLawsuits.
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