“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.
