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A Georgia couple has become the fourth plaintiff to file suit against CooperSurgical Inc. in Connecticut, alleging that a defective product caused the loss of embryos created through in vitro fertilization (IVF). Brittany Lanier and Joshua Yarboro filed a complaint in Bridgeport Superior Court, accusing the Connecticut-based medical device company of negligence and violations under the Connecticut Products Liability Act.

The couple's lawsuit follows three similar cases filed since November 2024, all claiming that CooperSurgical’s culture media, essential to embryo development, was defective due to insufficient magnesium levels. CooperSurgical issued a recall of the product, marketed as Global Media, in December 2023, but plaintiffs say the company failed to issue timely and widespread warnings.

Plaintiffs Allege Widespread Harm

Lanier and Yarboro described their journey to parenthood as emotionally and financially taxing. Their lawsuit alleges that 16 eggs fertilized during the IVF process were severely impacted by the defective media.

"Ten embryos stopped growing before reaching viability and were destroyed, while the remaining six were rendered unsuitable for transfer due to their low quality," the complaint states. The couple is seeking damages for claims including negligent infliction of emotional distress, failure to warn, and unjust enrichment.

Patrick Johnson of Girard Sharp LLP, one of the attorneys representing the couple, called the situation a "preventable tragedy."

"Our clients entrusted CooperSurgical with their hope for a family," Johnson said. "The company’s failure to ensure product safety has caused irreparable harm."

Growing Litigation Across the U.S.

Lanier and Yarboro’s case is the latest in a series of lawsuits targeting CooperSurgical. On Nov. 19, California residents Margarita Komarova and Colin McDarmont filed a similar suit, alleging none of their six fertilized eggs developed into blastocysts after exposure to the recalled culture media. Kentucky couple Sarah and Adam Hanrahan, along with Alabama residents Kelsey Buckles and Micah Ellis, also filed complaints in December, citing the destruction of their embryos.

These lawsuits join others filed in California state court, where a judge in October 2024 declined to dismiss cases brought by additional couples. In those filings, CooperSurgical has denied liability, asserting 23 affirmative defenses, including claims of comparative negligence and the "learned intermediary doctrine."

Calls for Accountability

Lanier and Yarboro’s legal team includes attorneys from Koskoff Koskoff & Bieder PC and Girard Sharp LLP, who argue that CooperSurgical failed to uphold its responsibility to safeguard a critical aspect of their clients’ reproductive health.

CooperSurgical is represented by Leslie P. King of Carlton Fields PA but has not yet commented on the latest lawsuit.

As the litigation grows, the stakes for CooperSurgical continue to rise, with plaintiffs across the country seeking justice for what they call an avoidable loss of embryos.