IVF Recall: What it Could Mean for You

In December 2023, CooperSurgical issued an urgent recall of three lots of its IVF embryo culture media. The recall caught many fertility clinics—and patients—off guard. The media, sold under the Global™ Medium brand, lacked sufficient magnesium. That missing nutrient is vital to help embryos grow to the blastocyst stage. Without it, embryos could stop developing or become non‑viable

That same month, CooperSurgical sent field safety notices to clinics. But many families only learned later that their embryos may have been exposed to the defective media. For individuals undergoing IVF, the loss of one or more embryos is emotionally devastating and often financially crushing. In light of that damage, lawsuits are being filed. Plaintiffs are pursuing claims for product liability, negligence, breach of warranty, and failure to recall in a timely manner.

Why the Recall Was Issued and What Went Wrong

CooperSurgical discovered numerous clinic complaints in late 2023 and concluded that affected lots of the culture media were magnesium‑deficient. Fertility labs began reporting unusually high rates of embryos failing to reach viability. In response, CooperSurgical quarantined and recalled nearly 1,000 bottles across three product codes and shipped globally, including clinics in Michigan.

The recall was classified by the FDA as a Class II medical device recall. That means the defect may cause temporary or medically reversible adverse health consequences—or in this case, embryo failure prior to implantation.

Many lawsuits filed in early 2024 argue that CooperSurgical knew or should have known of the defect long before the recall. Attorneys have brought claims for strict liability, negligence, failure to warn, and negligent recall. Courts in early motions have allowed claims of gross negligence and emotional distress to proceed

What Happened to Families Who Lost Embryos

Several of the lawsuits include heartbreaking stories. One Georgia couple alleged they lost 16 embryos because ten stopped developing and six were non‑viable for transfer following exposure to the defective media. They seek compensatory and punitive damages based on significant emotional and monetary investment in IVF cycles.

Around 30 lawsuits have been filed nationwide, with plaintiffs describing embryo loss, failed transfers, and families devastated by shattered hopes. Some are consolidated or awaiting consolidation into an MDL (multidistrict litigation) in the Northern District of California.

Experts estimate that if even half of the recalled bottles were used, up to 20,000 patients may have been affected. That scale has driven mass tort litigation, with centralization requested to handle overlapping discovery and streamline proceedings.

Which IVF Patients May Be Eligible to File a Lawsuit

If you underwent IVF between late 2022 and early 2024 and your embryos failed to develop, you may qualify. Eligibility often depends on:

• Having embryos cultured using CooperSurgical Global Medium from lots 231020‑018741, ‑018742, or ‑018743.
   
• Experiencing embryo arrest, loss before blastocyst stage, or failed implantation despite otherwise typical lab results.
   
• Being unaware that the failure was linked to media defects at the time.
   
• Paying for IVF cycles, hormone treatment, egg retrieval, freezing/storage, and transfer.

Because families rarely know exactly what culture media was used, your attorney can help request lab records or supply chain documentation to confirm whether the affected lots were applied in your cycle.

Even if you transferred an embryo later or eventually succeeded in conceiving after replacements, the initial loss may still form the basis for legal claims.

Types of Legal Claims Being Made

Most suits include several legal theories:

• Strict products liability: Plaintiffs argue the culture media was defective by design or manufacturing—specifically deficient in magnesium—and caused harm even when handled properly.
   
• Negligence or gross negligence: Alleging CooperSurgical failed to meet a duty of care in designing, testing or distributing safe culture media.
   
• Negligent failure to recall or warn: Claims that the company delayed recall after internal warnings, failed to warn clinics or patients promptly, and that the delay caused further embryo losses.
   
• Emotional distress damages: IVF cases often include claims for trauma tied to the loss of embryos and parental hopes.
   
• Unjust enrichment or breach of warranty: Arguing that clinics or CooperSurgical retained payment for a defective product that did not perform as represented.
   

These claims are moving forward. For instance, in April 2025, a federal judge allowed key allegations—including negligence and breach of duty—to survive a defense motion, meaning those claims can proceed toward trial or settlement.

Deadlines and Statutes of Limitations in Michigan

Under Michigan law, product liability and personal injury claims typically must be filed within three years of when the injury was discovered or reasonably should have been known. That can include the date you learned your embryos failed due to defective culture medium, or later if you only discovered the link through legal or media reports.

Embryo loss may be discovered weeks after retrieval, but many families did not learn about the recall until months later. In those cases, your filing deadline may begin when you first received official notice. Still, it is wise to act sooner rather than later to preserve access to records and expert testimony.

What Damages Could You Recover

Lawsuits seek compensation for:

• Direct economic losses: IVF cycle costs, fertility medications, retrieval procedures, storage, and related medical fees.
   
• Emotional and psychological harm: Grief, anxiety, trauma linked to embryo loss and lost chance at becoming parents.
   
• Loss of the embryo itself: In some jurisdictions, embryos are considered “irreplaceable property” with intrinsic value.
   
• Punitive damages: In cases alleging gross negligence or concealment, courts may award punitive damages to discourage similar conduct.

No settled verdicts have been announced. But one earlier case involving storage tank failure at Pacific Fertility Center ended in a $15 million jury verdict. That case shows the potential scale when fertility products fail catastrophically.

Why Michigan Families Should Consult a Lawyer Now

CooperSurgical lawsuits are growing in number, and centralization efforts are ongoing. Evidence preservation is critical. Medical records, chain‑of‑custody documents, lab logs, and clinic reports may not remain available indefinitely.

A Michigan‑licensed attorney experienced in medical device and IVF product liability can help you:

• Verify whether your clinic used affected culture media lots
   
• Gather evidence and expert reports to establish causation
   
• Determine the best venue for filing (state or federal)
   
• Evaluate potential compensation based on your individual losses
   
• Protect your rights before filing deadlines expire

Because these cases may become part of a larger MDL or class action, having counsel early ensures your interests are represented in joint proceedings and settlement negotiations.

Let Smith & Johnson Help You Move Forward

The loss of embryos during IVF is painful beyond description. When that loss results from a defective culture medium—one you trusted to help build your family—it can feel deeply unfair. You invested time, money, and hope in IVF. And if CooperSurgical’s faulty Global Medium media was part of that process, you may have grounds to hold them accountable.

At Smith & Johnson in Michigan, we understand how emotionally and financially devastating these situations can be. We also know how technical and complex IVF product litigation can become. You deserve answers and fair treatment if your embryos stopped developing in connection with the recalled CooperSurgical culture media. If you or a loved one underwent IVF and lost embryos during a cycle where this media may have been used, contact Smith & Johnson today for a free consultation. Let us review your situation, explain your rights, and help you explore whether legal action is appropriate. You don’t have to face this alone.