PGT-A Embryo Genetic Testing Class Action Lawsuits

Berger Montague, along with co-counsel Constable Law and Justice Law Collaborative, filed class action lawsuits against multiple genetic testing companies for misleading consumers about the benefits and capabilities of the genetic test preimplantation genetic testing for aneuploidy, or PGT-A.

The lawsuits are filed against the following genetic testing companies: CooperGenomics, Inc., CooperSurgical, Inc., The Cooper Companies, Inc., Reproductive Genetic Innovations, LLC., Progenesis, Inc., and Natera, Inc. They include the following cases: Weinberg, et al. v. CooperGenomics, Inc., et al., No. 2:24-cv-09505-MEF-LDW (D.N.J.), filed in the District of New Jersey; Donamaria v. Reproductive Genetic Innovations, LLC., No. 1:24-cv-09535 (N.D. Ill.), filed in the Northern District of Illinois; Cruz, et al. v. Progenesis, Inc., No. 3:24-cv-01789-JES-AHG (S.D. Cal.), filed in the Southern District of California; and Petersen, et al. v. Natera, Inc., No. 3:24-cv-07062 (N.D. Cal.), filed in the Northern District of California. Berger Montague and its co-counsel expect to file similar lawsuits against Ovation Fertility and Igenomix.

The lawsuits allege consumer fraud, breach of warranty, and related claims arising out of the defendants’ advertising and sale of PGT-A, a test which typically costs thousands of dollars not covered by insurance. Consumers are told, the complaints allege, that PGT-A increases the success of IVF and the chance of a healthy IVF pregnancy, decreases the chance of miscarriage, and reduces the time to pregnancy by screening the chromosomal makeup of fertilized human embryos for abnormalities. However, scientific studies have shown that PGT-A is inaccurate and unproven. Despite a lack of credible and reliable data proving the test’s capabilities and benefits, the use of PGT-A has increased significantly, generating hundreds of millions in revenue for genetic testing companies.

The plaintiffs seek to recover their out-of-pocket costs spent on PGT-A as well as statutory and other damages resulting from the defendants’ allegedly false and misleading promotion of PGT-A.

About Berger Montague

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions and mass torts in federal and state courts throughout the United States. The firm is active in the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities and whistleblower cases, among other practice areas. For more than 50 years Berger Montague has played leading roles in precedent-setting cases and has recovered over $60 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, DE.