Couple Files Lawsuit Over Fertility Clinic Media

The legal action involves a recalled product lot that families and fertility patients should discuss with their care teams.

Updated on Oct. 30, 2026 in Pregnancy

Bold flat-color editorial illustration of a glass laboratory vessel, evoking the clinical and sensitive nature of fertility medical failures.
A couple filed a lawsuit against CooperSurgical, alleging that defective culture media contributed to the loss of their embryo in 2023. AI Illustration. Upload story photo >

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A couple has filed a lawsuit against CooperSurgical alleging that defective culture media caused the loss of their embryo during a 2023 transfer. The legal action follows an official notification from their fertility clinic that their embryo had been exposed to a recalled product lot.

Why it matters

This lawsuit highlights the impact of medical supply chain defects on families undergoing assisted reproductive technology, as the company previously settled a separate class action regarding the same product in May 2026.

There are at least 30 lawsuits pending in federal courts related to the CooperSurgical culture media following the company's May 2026 class action settlement. The current litigation alleges that the specific media lot used in the failed 2023 transfer lacked necessary magnesium.

The players

CooperSurgical

A global manufacturer of fertility and medical equipment that has faced litigation over culture media product recalls.

The details

Fertility clinics use culture media to support embryos outside the body before transfer. The lawsuit claims that this recalled lot was deficient in magnesium and that CooperSurgical failed to properly warn clinics about issues with embryo development. Patients undergoing these procedures typically manage complex protocols, including hormone therapy and daily progesterone injections, to prepare for a successful transfer.

Timeline

  1. November 2020: L.B. began initial fertility treatments.

  2. June 2021: L.B. underwent the egg retrieval process.

  3. November 30, 2023: The clinic performed an embryo transfer using the recalled culture media.

  4. February 2, 2024: A physician notified the couple that the media was defective.

  5. May 2026: CooperSurgical reached a class action settlement regarding the product.

The Home Front

This litigation follows the legal precedent set by the May 2026 CooperSurgical class action settlement. It underscores ongoing concerns regarding quality control standards for medical supplies used in fertility clinics across the United States.

Patients who have undergone fertility treatments may want to discuss the specific culture media brands used in their procedures with their clinic. If you have concerns about a past embryo transfer, consult your fertility physician to review your medical records and current status.

The takeaway

When undergoing fertility treatments, always ask your care team for documentation on the products and media used during the laboratory process. Maintaining a personal medical file can help you quickly reference treatment dates and protocols if future health or safety alerts are issued.

Further reading

Learn more about navigating the complexities of assisted reproductive technology in our Pregnancy section.

Source note: This article includes information reported by AboutLawsuits.

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Should medical device companies face strict liability for manufacturing defects that cause patients emotional distress?