IVF Patients Advance Claims Recalled Solution Ruined Embryos

In vitro fertilization patients who say CooperSurgical Inc. sold defective culture media that destroyed their embryos sufficiently alleged their claims and can proceed with their proposed class action, a federal judge said Wednesday.

The US District Court for the Northern District of California said that though CooperSurgical was correct that California law typically doesn’t allow for emotional distress damages for personal property damage, there is an exception for serious harm. A suit involving the “negligent destruction of a human embryo” is “inarguably” in that category, Judge Jon S. Tigar said, denying CooperSurgical’s motion to dismiss.

Tigar highlighted an earlier decision ...