Constable Law, Justice Law Collaborative, and Berger Montague Announce Class Action Lawsuits Against Genetic Testing Companies for Misleading Consumers Regarding PGT-A Testing During IVF Treatment

BOSTON, PHILADELPHIA, TAMPA (October 9, 2024) – Constable Law, Justice Law Collaborative, and Berger Montague PC announce the filing of nationwide class action lawsuits against CooperGenomics, Inc., CooperSurgical, Inc., The Cooper Companies, Inc., Reproductive Genetic Innovations, LLC., Progenesis, Inc., and Natera, Inc., alleging consumer fraud, breach of warranty, and related claims arising out of the defendants’ advertising and sale of a genetic test called preimplantation genetic testing for aneuploidy, better known as PGT-A, which is used during the IVF process. 

The lawsuits include: 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. In addition, the plaintiffs’ law firms have been retained and expect to file similar lawsuits against other genetic testing industry participants including Ovation Fertility and Igenomix.

The complaints allege misrepresentations by the defendants regarding PGT-A, including that it increases the success of IVF, increases the chance of a healthy IVF pregnancy, decreases the chance of miscarriage, reduces the time to pregnancy, and increases live birth rates, while at the same time failing to disclose that PGT-A is unproven and not established by science. The lawsuits also allege that the defendants make certain assertions concerning the accuracy of their respective tests. 

Consumers undergoing IVF are frequently sold PGT-A as an add-on costing thousands of dollars which is not typically covered by insurance. The complaints allege that the defendants advertise PGT-A as a genetic test that purports to analyze the chromosomal makeup of fertilized human embryos by screening for chromosomal abnormalities, but do not properly disclose its limitations. 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.

“We have filed these class action lawsuits to seek accountability in an industry that seems to be increasingly guided by financial gain,” said Allison Freeman, managing partner of Constable Law and IVF attorney. “As someone who personally utilized fertility treatments, I know what it is like to experience IVF and seek medical assistance to build a family. Members of this widening community should not be taken advantage of with misleading and deceptive assurances when they are at their most vulnerable state and are entitled to damages under consumer fraud statutes.”

The defendants’ promotional materials claim that using a biopsy of just a few cells removed from the fertilized embryo, they can determine which embryos are: (a) “euploid” or “normal” and suitable for transfer; (b) “aneuploid” or “abnormal” and not suitable for transfer; or (c) “mosaic” which may or may not be suitable for transfer. Embryos that are tested and receive an abnormal test result are typically not transferred and discarded based on the test results.

Scientific studies, however, indicates that PGT-A is unproven, unreliable, experimental, and inaccurate. The lawsuits allege that this is not disclosed to vulnerable consumers charged with making critical decisions about which embryos to transfer based on the test results. 

The use of PGT-A has increased significantly. For example, from 2014 to 2021, utilization of PGT-A increased from being used in 13% of IVF cycles to approximately 40% of IVF cycles generating hundreds of millions in revenue for the companies who sell these tests.

Paula Bliss, partner and co-founder of Justice Law Collaborative, counsel for the plaintiffs shared, “Our clients have been forced to make consequential decisions based on PGT-A that was falsely marketed as having unproven benefits. The class members have been charged in numerous ways and we seek justice on their behalf.”

Shanon J. Carson, a shareholder of the national class action law firm, Berger Montague, added, “We look forward to litigating these important cases for our clients and those across the country who have paid for PGT-A during their IVF cycles, and to holding the defendants liable for the damages they have caused.”

Companies storing and working on embryos created during the IVF process have gotten in trouble before including when storage tanks have broken causing destruction of embryos. Separate lawsuits have also been filed against CooperSurgical for allegedly selling a defective embryo culture media designed to support the growth of embryos created using IVF that instead destroyed or damaged those embryos. Any individuals who have been informed that their embryos have been damaged or lost due to the negligence of fertility clinics, genetic testing companies, or others are encouraged to contact the firms listed below for more information.

Constable Law, P.A. is comprised of attorneys, paralegals, and case managers with a shared passion for client-focused advocacy and results-driven legal representation. The law firm has decades of experience of representing clients ranging from individuals to large associations and multinational companies against the largest corporate defendants. Using her own personal experience with fertility, attorney Allison Freeman represents and advocates for others during their fertility journeys and is at the forefront of issues related to fertility treatments. She shares her personal fertility experience as well as information on fertility, IVF, and advocacy at www.theivfadvocate.com and on Instagram at @ivf_advocate. Allison Freeman, Esq.; allison@constable-law.com; (727) 797-0100 

Justice Law Collaborative, LLC  embodies the highest level of professional, trauma-informed legal expertise associated with social justice. Led by attorneys with deep experience in pharmaceutical and medical device litigation, medical malpractice, sexual assault and abuse, and personal injury cases, the firm has represented athletes abused by Olympic coach Larry Nassar, teenagers tormented by hostile, uncertified schools parading as therapy-based programs for troubled teens, and has tackled other large industries when consumers or patients are harmed by corporate greed and negligence. More information about the firm’s efforts to hold the fertility industry accountable can be found here. Paula Bliss; paula@justicelc.com; (508) 230-2700

Berger Montague (www.bergermontague.com) is an award-winning national law firm focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. Berger Montague is active in the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For over 54 years, Berger Montague has played lead 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. For more information, visit www.bergermontague.com. Shanon J. Carson, scarson@bm.net; (215) 875-4656

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Shanon J. Carson

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