Margarita Komarova and Colin McDarmont, a couple from Los Angeles, are suing a pharmaceutical company after their embryos were destroyed following a critical error in the IVF process. They claim this mistake may have cost them their last chance to have children.
The couple had undergone IVF in November 2023, and were thrilled when six embryos were successfully fertilised. However, just a week later, they were devastated to learn that none of the embryos had developed to be suitable for transfer.
“We were devastated,” Komarova said, explaining how the embryos were discarded almost immediately. “We thought we'd done everything right before the retrieval.” The couple had adhered to a strict regimen, including healthy eating, acupuncture, and yoga, to optimise their chances.
Three weeks later, they received an email from their fertility clinic alerting them to a problem with the IVF “culture media,” the liquid used to grow embryos. This media, produced by CooperSurgical, was found to be missing magnesium—an essential nutrient for embryo development.
In January 2024, the couple learned that CooperSurgical had issued a recall for the product, as three batches had been deficient in magnesium.
Margarita and Colin are now suing the pharmaceutical giant, alleging gross negligence. The couple claims CooperSurgical failed to properly test and monitor its products, leading to the destruction of their embryos and the loss of their ability to have a biological child.
"We're hoping this will force them to provide actual information and details in terms of how this happened," McDarmont, 52, said. "And more importantly, the safeguards to prevent it from ever happening again."
The couple’s lawsuit alleges that the company's "reckless disregard" has caused them severe emotional distress, including depression for Komarova and ongoing distress for McDarmont.
Komarova, an only child who had always dreamed of a large family, had already spent tens of thousands of dollars on IVF treatments since marrying McDarmont in 2020. Despite these efforts, each failed cycle felt like a lost opportunity, with time becoming increasingly critical due to their ages.
The couple’s distress was compounded by the long recovery time following the failed IVF cycle. Komarova’s body took nearly a year to recover from the ordeal, and they attempted IVF for a “fifth and final time” in October 2024.
“It was hard to rebound from the failed cycle and prepare for the next,” Komarova said. “It’s not something where you can just jump in and do another one.”
The lawsuit claims that Komarova endured significant physical and emotional strain from the impact of the IVF error, including weight gain from hormonal injections, abdominal pain, and fluctuating moods.
McDarmont expressed his anger at the lack of urgency in CooperSurgical’s recall notice. “It felt as if they were recalling something like cereal boxes or furniture,” he said, adding that the company's response failed to address the severity of their situation.
The couple is seeking at least $15,000 in damages and has filed the lawsuit in Bridgeport, Connecticut, where CooperSurgical is headquartered. Despite the distress caused by the error, the couple found hope in their recent IVF cycle, which has produced several embryos that remain frozen.
The couple's legal battle continues as they seek answers and accountability from the company that they believe is responsible for their heartbreak.
