A Wylie couple said a company's faulty product is to blame for their embryos being destroyed, bringing a devastating tribulation in their In Vitro Fertilization journey.
According to a federal lawsuit filed Wednesday, the couple turned to IVF to start a family. After a successful egg retrieval, they learned that 19 of their embryos had been destroyed.
The couple is now suing CooperSurgical, claiming a product recalled by the company is at fault.
"They have been completely devastated by this situation," said attorney Tracey Cowan, representing the couple.
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"These should have been incredibly healthy embryos. They should have had a wonderful result here if not for this deficient product."
Known as culture media, the liquid is used by doctors to help fertilized eggs grow into viable embryos.
CooperSurgical recalled some of the vials of culture media used at clinics nationwide in November and December and now faces lawsuits from families with stories similar to the Wylie couple's.
Cowan said the husband and wife, who wish to remain anonymous, are still weighing the mental, physical, and financial costs of pursuing IVF again.
"They are still figuring out what their next steps are going to be like most of our clients," Cowan said.
CooperSurgical released the following statement to NBC 5:
While we cannot address ongoing litigation, quality, and compliance are fundamental parts of the value we provide to our customers and are our core focus. In accordance with the requirements of our quality management system, a media recall was initiated to proactively address any possible issue with our products while we continue to investigate.
Unlike the lawsuits that led to Alabama's Supreme Court ruling' embryos are children', attorneys in this specific lawsuit say they have no plans to file a wrongful death claim.
Still, they say the uncertainty surrounding that recent ruling has affected their client's concerns over future access to IVF.
"The Alabama ruling had to do with a very specific state law that is not going to necessarily apply to any of the other suits that we are filing," Cowan said. "That being said, it has intensified all of our clients' stress and anxiety and fears for the future."
Cowan said it is unclear how many North Texas families may have been affected by the recalled product but said if you had an IVF cycle in Nov. or Dec. 2023, you should contact your clinic for more information.
