On January 16, 2023, FUJIFILM Irvine Scientific, Inc. issued an urgent field safety notice to remove one of their products. More specifically, the company issued a voluntary recall of their Oil for Embryo Culture, Catalog #9305. The affected lots include Oil Lots 0000011351, 0000011367, 0000015999, 0000016001. The recall comes after some customers complained of the performance of the oil lots – complaints included reduced blastocyst development (some cases of complete degradation during culture of human embryos) and low sperm motility (from quality control testing performed by some clinics).
After the complaints, the company conducted an investigation and detected oil toxicity for Lots 0000011351, 0000015999, and 0000016001. Although no oil toxicity was detected for Lot 0000011367, it was still included in the recall because all lots were derived from the same Raw Material.
According to the company, these deficiencies could result in “impairment of embryo development,” “poor blastocyst development,” or “non-transferable blastocyst” which can all result in inability to complete the procedure. In addition, the company claims that there is no evidence of health risk to the recipient of the embryo – only the embryo is affected.
Unfortunately, this has resulted in some embryos having to be destroyed before implantation or aborted. For those looking to grow their family using these methods, losing an embryo can be devastating – as the process can be physically, mentally, emotionally, and financially tolling.
If you or a loved one had to have embryos destroyed or had to have an abortion associated with this recall, you could have grounds to file a lawsuit. For more information about the legal options available to you and your family, contact the experts here at our law firm today.
Here at the Normandie Law Firm, our lawyers have decades of experience handling all sorts of claims and can help you sue FUJIFILM Irvine Scientific, Inc. for their negligence and for the harm that you or a loved one suffered. For more information about the legal options available to you, contact the experts here at our law firm at your earliest convenience.
Our Recent Verdicts and Settlements
$2.5 Million
$599,000
$1.5 Million
$600,000
$525,000
$1.2 Million
About In Vitro Fertilization (IVF)
IVF is one of many techniques available to help people get pregnant and have a baby. IVF is an option for people who want to have a baby but cannot due to infertility, for example. During IVF, an egg is removed from a woman’s ovaries and fertilized with sperm in a lab. The fertilized egg – an embryo – is transferred into the womb where it will continue to grow and develop.
Summary of Blastocyst Stage Embryos in IVF
As mentioned above, eggs are retrieved from the ovaries and fertilized with sperm in the lab to create the embryo. Over 5 to 6 days, the embryo’s cells divide and multiply to create a blastocyst. Embryos that survive to the blastocyst stage have a significantly higher chance of implantation once transferred into the uterine cavity. Although transfer of the embryo at earlier stages is possible – specifically, at the cleavage stage (3-day embryo) – transferring at the Day 5/6 blastocyst stage has its benefits. These benefits include the following:
- Selecting the healthiest embryos (blastocyst stage embryos are associated with a lower rate of chromosomal issues and with a higher chance of healthy babies)
- Selecting the embryos with the highest chance of a successful implantation
- Transferring fewer embryos (reducing the risk of twin/triplet pregnancies and associated risks and having more embryos for future implantation attempts)
As previously explained, the Oil for Embryo Culture recalled by FUJIFILM Irvine Scientific, Inc. has been associated with an impairment of embryo development and poor blastocyst development, making the resulting blastocysts non-transferable. For individuals going through the IVF process, these results are devastating – as they could have limited resources, including limited funds to pay for the process, limited embryos, and limited eggs/sperms, for example.
Your Right to Sue
If your embryos were affected by the defective Oil for Embryo Culture recalled by FUJIFILM Irvine Scientific Inc., whether the embryos had to be destroyed or aborted due to development issues, you could have grounds to file a lawsuit. The company should have thoroughly inspected their product before releasing it to ensure that it met all quality standards and that it is completely safe for intended use. Failing to identify oil toxicity directly affected embryos that were cultured with the oil. Therefore, you could have grounds to file a lawsuit against the company.
Could I sue the clinic where I was doing the procedure? The clinic could be liable and could be sued only if they were aware of the defect or the issue with the product but continued to use it. That is, if they continued to use the oil even after they were informed of the recall, then they could be held accountable.
For more information about the legal options available to you and your family, do not hesitate to contact the experts here at our law firm immediately.
Can I Participate in a Class Action Lawsuit for Lost Embryos against FUJIFILM Irvine Scientific?
It is unclear how many embryos were affected by the defective oil for embryo culture. Still, it is possible that many patients going through the IVF process were affected. Because of this, a class action lawsuit is likely. Here at our law firm, we are ready to represent class members and fight for their rights. For more information about whether you could participate in a class action lawsuit against FUJIFILM Irvine Scientific, Inc. or how to participate in a class action claim, contact the experts here at our law firm today. Our lawyers are ready to guide you every step of the way.
Recovering Compensation and Possible Case Values
Depending on the details surrounding your lawsuit, you could be entitled to receive monetary compensation. Compensation could include the following: medical costs, lost wages, pain and suffering, punitive damages, and legal fees, for example. In general, these types of cases can be high value. Typical case values can range anywhere from $500,000 to $1.5 million, although some case values have reached even higher amounts. Here at our law firm, our lawyers are ready to aggressively fight for your rights and help you recover the maximum payout available. For more information about the compensation that you could be eligible to receive, contact us today.
Normandie Law Firm – Our Lawyers are Ready to Help!
Here at our law firm, our lawyers are more than ready to take on your claim, start fighting for your rights, and get you the highest recovery possible. We understand how devastating it is to lose embryos due to the negligence of others, and we want to help you fight for your rights. We offer free legal services, including free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions and address all of your concerns – ensuring that you have access to all the information that you need whether you are looking in starting or continuing your claim. Our Zero-Fee guarantee ensures that you will never have to worry about paying any upfront legal costs. In addition, we work on contingency, so you will not be required to pay anything until after winning your claim. If you do not win, you will not be responsible for paying any legal costs. If you are ready to discuss your rights and your legal options with the experts here at our law firm, contact us today.
