Lawyers representing more than a hundred families in a class action lawsuit against Cooper Surgical, a fertility-technology company based in Connecticut, allege in a new court filing that the company knowingly shipped a defective product that resulted in the loss of embryos.
Tracey Cowan, partner at Clarkson Law Firm and lead lawyer of the class action lawsuit in federal court, said internal documents show that a third-party vendor raised red flags to the company, saying Cooper Surgical’s culture media had “failed a pre-distribution quality-control test.”
“Cooper Surgical did not stop,” Cowan said. “Instead it shipped out its products, putting profits over people.”
Plaintiffs allege that the defective culture media resulted in the loss of hundreds of embryos.
“Many of my clients had to undergo additional invasive and painful medical procedures to try and create new embryos. Many of them were not able to do that. They lost their only chance,” Cowan said. “We believe that Cooper Surgical absolutely should be punished for this conduct.”
Lawyers for Cooper Surgical did not respond to a request for comment. In earlier court filings, company lawyers denied that Cooper Surgical did not sufficiently test the embryo culture media.
The-Trumbull headquartered company on its website claimed that it operates in more than 100 countries, employs 3,000 people and sells more than 600 products.