Last updated August 18, 2026. Based on public court records, JPML rulings, and company securities disclosures. Allegations in pending suits are allegations until proven.
Quick Recap: What the CooperSurgical Recall Was
In late 2023, CooperSurgical recalled specific lots of its embryo culture media — the fluid in which embryos develop in the lab — after reports that the affected lots were missing magnesium, a component essential to embryo development. Clinics across the country had used the recalled media, and families whose embryos stopped developing in those lots began filing suit in early 2024. We covered the underlying science and recall in our earlier article on the contaminated CooperSurgical media.
Where the Litigation Stands in 2026
- No MDL. The Judicial Panel on Multidistrict Litigation declined to centralize the CooperSurgical cases into a single federal MDL, ruling that centralization was unnecessary. That means cases proceed individually (or in small coordinated groups), mostly in state and federal courts where the injuries occurred or where CooperSurgical is based.
- Well over a hundred suits, far more claimants. Court records and company disclosures reflect 140+ filed lawsuits, with well over a thousand additional claimants who have come forward.
- Settlements are happening. CooperSurgical’s own securities filings disclose that many claims have been resolved through its insurance carriers, with settlements continuing into 2026.
- Related genetic-testing claims are emerging. Separate litigation over preimplantation genetic testing (PGT-A) errors — involving several testing companies — is developing on its own track. See our article on misleading PGT-A testing practices.
What “No MDL” Actually Means for Your Family
Mass-tort advertising often implies there is one big class action to join. For this litigation, there is not. The JPML’s decision means each family’s case is evaluated — and settled or tried — on its own facts: which media lot your clinic used, what your embryology records show, how many embryos were affected, and what your damages are. That is not bad news. Individual cases centered on well-documented embryo loss have historically produced far better outcomes for families than mass settlements that treat every claim the same.
Deadlines Matter More Without an MDL
Because cases proceed individually under state law, each state’s statute of limitations applies to each family separately. Some states allow only one to two years from discovery of the injury. If your embryos were lost in an IVF cycle in late 2023 or 2024 and you have not yet acted, time may already be short. Discovery rules can extend deadlines in some circumstances, but that is a case-by-case legal question — not something to assume.
What to Do if Your Cycle Failed in Late 2023 or 2024
- Request your complete embryology records and ask specifically which culture media lots were used in your cycle.
- Preserve all communications with your clinic about the failed cycle.
- Do not accept a refund or sign a release without legal review.
- Speak with counsel promptly given the statute-of-limitations landscape. Our first-72-hours checklist applies here too.
Talk to a Firm That Handles Only Fertility Cases
Fertility Law Group focuses exclusively on fertility malpractice and has recovered more than $200 million for families. If your embryos were affected by recalled culture media — even if your clinic never told you which media it used — contact us for a free, confidential case evaluation.