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A couple from California has filed a lawsuit suing the owner of an oil maker vital to the embryo maintenance process, alleging a ‘toxic batch’ destroyed nine of their fertilized eggs.
The suit, filed Thursday in the Superior Court of Orange County, accuses FujiFilm Irvine Scientific of negligence, manufacturing and design defect, as well as failure to warn and failure to recall. Irvine Scientific is responsible for the production of the oil used to culture embryos.
On January 16, after complaints from clinics telling them some embryos had seen ‘complete degradation,’ as well as internal investigation, a recall was issued, but did not widely broadcast the notice, according to attorney Adam Wolf.
Wolf, who spoke with DailyMail.com, is representing the unnamed plaintiffs as well as 11 other ‘traumatized’ families in this incident.
The California couple is seeking a jury trial and ‘accountability’ from the Santa Ana based company for this ‘life altering event,’ according to Wolf.
A couple from California has filed a lawsuit suing the owner of an oil maker vital to the embryo maintenance process, alleging a ‘toxic batch’ destroyed nine of their fertilized eggs
The suit accuses FujiFilm Irvine Scientific of negligence, manufacturing and design defect, as well as failure to warn and failure to recall for producing ‘toxic’ oil used to maintain embryos
Attorney Adam Wolf is representing the California couple, as well as eleven other ‘devastated’ and ‘traumatized’ families who were impacted by the ‘toxic’ oil
In their initial recall notice for the four batches of oil, Irvine Scientific officials said clients had reported ‘blastocyst development, including complete degradation in some cases during culture of human embryos.
The oil used is intended to act as ‘an extra layer of protection’ for embryos as they are cultured during the IVF process and is standard practice around the world.
The oil produced by Irvine Scientific, according to their website, prevents ‘evaporation, changes in osmolality, and pH shifts, while providing the optimal in vitro environment for development.’
The company said all of the lots were ‘derived from the same raw material.’
‘Potential deficiencies in the affected lots of Oil for Embryo Culture may result in impairment of embryo development,’ the company stated.
‘It is important that these devices are not used,’ Marlin Frechette, the company’s chief compliance and quality officer, wrote in the recall notice.
Company officials did state that the oil in the lots had ‘met all final product release specifications’ before it was sent out to clients, but the suit alleges it hadn’t been properly tested.
Despite requesting complaints and reply forms be submitted within a week of them issuing the recall, the plaintiffs allege Irvine Scientific did not widely share the message.
Wolf, whose firm is representing the California couple and 11 other clients, said he would also like to know exactly what in the oil made it so destructive.
‘Only Fujifilm Irvine Scientific knows exactly what was in its oil that made it toxic,’ Wolf said.
Wolf told the Los Angeles Times that one fertility clinic tested the oil on mouse embryos and found that all were destroyed by the product.
This is the lawsuit filed against Fujifilm in the Superior Court of California
The plaintiffs, a California couple, are demanding a jury trial in the incident
The couple in this lawsuit is one of at least a dozen that Wolf is representing related to the ‘toxic’ oil produced by Fujifilm Irvine Scientific
The couple and their lawyer allege that Irvine Scientific did not properly test the oil before sending it out to clients
The California couple named in the suit is now devastated over the idea they may never be able to have biological children, ‘as result of Defendant’s conduct.’
The goal, according to Wolf, is to seek accountability from the company and others like it.
‘We want to make sure Irvine Scientific ensures this doesn’t happen again,’ Wolf said.
The ball is now in the company’s court, according to the lawyer.
‘I would hope that a company that has committed such a wrong would apologize, take accountability, and right the issue,’ Wolf said.
The plaintiffs are asking for both economic and non-economic damages, as well as injunction to ‘ensure that Plaintiffs’ biological material does not come into contact with any more contaminated oil.’
DailyMail.com reached out to officials at Irvine Scientific but did not hear back by the time of publication.
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