Girard Sharp LLP CASE UPDATE: Embryo Destruction Lawsuit Against CooperSurgical and the Cooper Companies - Court Denies Defendants’ Motions to Dismiss

December 11, 2024 at 07:00 AM EST

SAN FRANCISCO, Dec. 11, 2024 (GLOBE NEWSWIRE) -- On December 4, 2024, Judge Jon S. Tigar of the U.S. District Court for the Northern District of California issued an Order denying the Defendants’ motions to dismiss and strike class claims in a lawsuit filed against CooperSurgical and The Cooper Companies, Inc. over allegations that the Defendants, which manufacture, market and sell products to fertility clinics, sold a defective embryo culture media designed to support the growth and development of embryos created through in vitro fertilization (IVF) that destroyed patients’ embryo. The Court’s Order upheld the validity of the Plaintiffs’ claims for emotional distress, product liability, negligence, gross negligence, trespass to chattels, and unjust enrichment. The Court’s Order also denied the Defendants’ motion to strike class allegations as premature.

“We are very pleased with the Court’s order and are eager to move the case forward. Our clients have endured an unimaginable loss, and we are committed to seeking justice on their behalf as we move forward with this litigation,” stated Adam Polk of Girard Sharp and Joe Sauder of Sauder Schelkopf, attorneys for the Plaintiffs.

With dismissal denied by Judge Tigar, the case will move forward through discovery and on to trial.

History of the CooperSurgical Embryo Destruction Case

Girard Sharp and Sauder Schelkopf filed this lawsuit in the U.S. District Court for the Northern District of California on behalf of individuals impacted by the recall of CooperSurgical’s culture media product. CooperSurgical and The Cooper Companies develop, manufacture, market, and distribute products to fertility clinics throughout the country. The complaint alleges that the Defendants knew of the impact their products had on embryo growth and development, but failed to conduct proper testing, inspections, or monitoring. It further alleges that they neglected to provide adequate warnings about the risk of defects in their products.

The complaint highlights numerous cases where individuals suffered the heartbreaking loss of embryos due to the defective culture media. The Plaintiffs have filed the lawsuit both individually and on behalf of others similarly impacted, seeking to hold the Defendants accountable for the harm caused and to prevent such devastating incidents from occurring in the future.

You can find a copy of the lawsuit here.

About Girard Sharp

Girard Sharp is distinguished as a Tier 1 law firm for plaintiffs' mass tort and class action litigation by Best Lawyers and has appeared on its list of "Best Law Firms" for more than a decade. Girard Sharp also has been named by the National Law Journal to its "Plaintiffs' Hot List," a selection of top U.S. plaintiffs' firms recognized for wins in high-profile cases. Read about some of our results. We have substantial experience in lawsuits concerning sensitive issues and in guiding affected individuals through the litigation process with discretion. From holding pharmaceutical companies accountable for marketing birth-control pills that caused life-threatening blood clots, to obtaining over $14 million in restitution on behalf of fertility patients whose frozen eggs and embryos were compromised, we have a well-established track record of successfully taking on some of the world's largest corporations and institutions.

https://www.girardsharp.com/results-investigations/coopersurgical-embryo-loss-legal-investigation/

About Sauder Schelkopf

Sauder Schelkopf has a nationally recognized litigation practice. Sauder Schelkopf has recovered over $1 billion on behalf of its clients and class members. Our firm was recognized in 2024 as the Products Liability Practice Group of the Year by The National Law Journal’s Elite Trial Lawyers. In 2024 Best Law Firms® recognized Sauder Schelkopf LLC as a Best Law Firm for Mass Tort and Class Action Litigation. LawDragon has recognized our attorneys in its list of the "500 Leading Plaintiff Consumer Lawyers” for 2022. Our attorneys have been named by The American Lawyer to its 2021 Northeast Trailblazers as "truly agents of change." The Legal Intelligencer named our attorneys in its 2020 Pennsylvania Trailblazers list recognizing 31 lawyers who "have taken extra measures to contribute to positive outcomes . . . and who are truly agents of change." The Legal highlighted the firm's innovative work on advocacy as class counsel in large institutional sex abuse cover-ups, and women's and children's rights.