Clarkson Law Firm secured a positive development on behalf of victims impacted by negligent fertility practices. United States District Court Judge Ann Aiken has ruled that essential claims in the lawsuit, including negligence and gross negligence, may proceed. This allows the plaintiffs, a couple who have suffered devastating losses due to CooperSurgical’s defective fertility products, to continue their pursuit of accountability and justice.
The case centers around allegations that CooperSurgical Inc. and The Cooper Companies Inc., major players in the fertility industry, distributed faulty embryo culture media that lacked critical nutrients essential for embryo survival and development. The plaintiffs allege that the negligence of these defendants led to the destruction of their embryos, causing immense emotional and physical tolls and impeding their ability to build a family.
The court’s decision is a pivotal step forward, permitting claims of negligence, gross negligence, failure to timely recall, and other key allegations to move toward trial. Additionally, the Court rejected CooperSurgical’s spurious claims that it should be let off the hook for emotional damages after destroying the plaintiffs’ chances of conceiving.
“This ruling is a crucial win for our clients and others who have faced unimaginable pain and loss due to negligent fertility practices,” said Tracey B. Cowan, lead counsel for the plaintiffs. “The court’s decision ensures that these families will have the opportunity to present their case and hold those responsible accountable for their actions. We remain unwavering in our commitment to advocating for these victims of corporate negligence.”
The case has shed light on the importance of vigilance and accountability within the assisted reproductive technology field, raising critical questions about the standards and practices governing this life-altering industry. The attorneys at Clarkson Law Firm are at the forefront of this fight for accountability and will continue to advocate tirelessly on behalf of our clients to achieve a resolution that reflects meaningful justice and compensation for the harm they have endured.
The plaintiffs are represented by Tracey B. Cowan, Olivia Davis, Jamie Mauhay Powers, and Ryan J. Clarkson of Clarkson Law Firm P.C.
The case is CLF 007 and CLF 008 v. CooperSurgical, Inc. and The Cooper Companies, Inc., Case No. 6:24-cv-0990-AA in the United States District Court for the District of Oregon, Eugene Division.
