Irvine Scientific Class Action Lawsuit: IVF Oil Caused Embryo Loss

Case Overview: A class action lawsuit claims Irvine Scientific's defective Oil for Embryo Culture caused the destruction of embryos during IVF procedures, leading to emotional and financial losses for hopeful parents.

Consumers Affected: Hopeful parents who had embryos cultured using the recalled Irvine Scientific Oil for Embryo Culture.

Court: U.S. District Court for the Central District of California

Irvine Scientific, a major supplier of products used in fertility treatments, is facing a class action lawsuit alleging that its defective Oil for Embryo Culture caused the destruction of embryos during IVF procedures. 

The lawsuit claims the faulty oil sabotaged the final and critical stage of IVF, leading to devastating emotional and financial losses for hopeful parents. Irvine Scientific allegedly shipped the defective oil to fertility clinics across the U.S., resulting in embryos’ destruction before patients were even aware of the issue. 

Though the company issued a recall in January 2023, the damage was irreversible for patients whose embryos were already affected, the lawsuit argues.

Defective IVF Oil Caused Embryo Loss, Lawsuit Claims

IVF is a grueling and expensive fertility treatment process that has brought hope to millions struggling with infertility, the lawsuit states. It involves hormone treatments, daily injections, and frequent medical monitoring, culminating in the retrieval of eggs, fertilization in a lab, and, finally, the transfer of embryos into the uterus.

Embryos must be carefully cultured to mature into a stage suitable for implantation. This process requires specialized solutions, such as the Oil for Embryo Culture, which is used to maintain a stable environment for embryo growth. 

Irvine Scientific’s oil, however, allegedly failed to provide the necessary protection, instead creating conditions that destroyed embryos at a stage when patients were anxiously awaiting the chance to transfer them.

For patients, the stakes are enormous. Losing embryos at this late stage can lead to significant psychological distress, as well as the financial burden of repeating the entire IVF process, the lawsuit claims.

Hopeful Parents Sue Irvine Scientific Over Embryo Destruction

North Dakota resident identified as K.S. filed the proposed class action lawsuit after they underwent IVF treatment at Arizona Reproductive Medicine in Phoenix. The clinic used Irvine Scientific’s Oil for Embryo Culture during the procedure. K.S. later learned her embryos had been irreparably damaged due to the oil’s defect.

K.S. says in the lawsuit the emotional toll has been devastating, and that patients have had to grapple with the loss of embryos they hoped would one day become their children, along with the possibility of abandoning their dreams of parenthood altogether.

The lawsuit argues that Irvine Scientific knew or should have known about the defect and its potential consequences. The company is accused of failing to conduct adequate testing on over 15,000 bottles of oil shipped to clinics.

By the time the defect was discovered—reportedly after clinics alerted the company—it was too late for hundreds of patients. The lawsuit alleges that Irvine Scientific’s negligence caused irreversible harm, both to the embryos and to the lives of those hoping to become parents.

Other Fertility Companies Face Legal Challenges

Irvine Scientific isn’t the only company in the fertility space facing lawsuits. Ovation Fertility is battling claims over inaccurate genetic testing, as well as claims an employee poisoned embryos with hydrogen peroxide instead of a sterile solution in an incubator and then implanting them into hopeful parents. Aspire Houston Fertility Institute is also facing allegations of knowingly implanting nonviable embryos.

Elsewhere, lawsuits have emerged over lab errors and broader issues like insurance discrimination and embryo legal rights. These cases highlight the growing scrutiny of an industry that holds the delicate dreams of its patients in its hands.

In the Irvine Scientific IVF oil class action lawsuit, the plaintiffs want to represent hopeful parents from across the country who had one or more embryos cultured using any of the lots of Irvine Scientific’s Oil for Embryo Culture identified in the April 1, 2023 Class 2 Device Recall FujiFilm Oil for Embryo Culture notice. 

They are suing for strict liability for a manufacturing defect, strict liability for failure to warn, negligence, negligent failure to recall, trespass of chattel, and unjust enrichment. They are seeking damages, disgorgement, fees, costs, and interest.

Case Details

• Lawsuit: K.S. v. Fujifilm Irvine Scientific, Inc., et al.
• Case Number: 8:24-cv-02589-DOC-ADS
• Court: U.S. District Court for the Central District of California  

Plaintiffs' Attorneys

• Caleb Marker and Michael J. Laird (Zimmerman Reed LLP)

Have you been affected by the Irvine Scientific Oil for Embryo Culture recall? Share your experience in the comments below.