CooperSurgical IVF Culture Media Recall Class Action - Canada

What is this lawsuit about?

Slater Vecchio LLP has filed a class action lawsuit against LifeGroup Global LLC, The Cooper Companies Inc, CooperSurgical Inc, and CooperSurgical Canada Inc after a recall was initiated due to deficient culture media for In Vitro Fertilization treatments (“IVF”). The class action was filed on behalf of all individuals in Canada who underwent IVF using the Recalled Culture Media.

IVF is used by individuals and couples for purposes including preserving fertility and difficulty with conceiving a child. The process involves fertilizing the egg outside of the uterus, allowing the egg to develop, and then freezing or implanting the developed embryo into the uterus. After the egg has been fertilized, it is left in a culture media to help aid in its development.

On December 8, 2023, Health Canada published a recall for 3 lots of culture media produced and sold by LifeGroup Global LLC, The Cooper Companies Inc, CooperSurgical Inc, and CooperSurgical Canada Inc. The recall was initiated after high reports of impaired embryo development had been reported. Health Canada has confirmed that the recalled IVF culture media is associated with higher than predicted reports of impaired embryo development.

What is a class action?

A class action is a legal case through which one person makes a claim to the Court on behalf of a similarly situated class of people who have the same or a similar legal claim. A class action seeks to hold a defendant or defendants responsible for their conduct that affects each member of the class by resolving issues that are common to the class in the same legal proceeding, instead of each class member bringing a claim individually.

The individual who first files the claim must ask the Court for permission to proceed as a class action.  If permission is granted (referred as “authorized” in Quebec, and “certified” in all other Canadian provinces) and the case may proceed as a class action, the Court will appoint an individual as “Representative Plaintiff” to represent the best interests of the class during the litigation and define the class group.  Each person who meets the criteria of the class group is considered a “Class Member”.

Who does this class action represent?

The class action was filed on behalf of all individuals in Canada who underwent IVF using the Recalled Culture Media.

What should proposed class members do now?

Retain all documentation regarding your situation.