Toxic oil from OC-based company killed embryos of LA couple – Orange County Register

Oil from an Orange County-based company used by in vitro fertilization clinics around the world was “toxic” and killed the embryos of some patients, according to a lawsuit filed Thursday by a Los Angeles couple.

The lawsuit against Fujifilm Irvine Scientific – a Santa Ana-based medical company owned by a Tokyo-based conglomerate – follows the recall of chemicals meant to protect embryos but killed them instead, the couple’s lawyers said during a news conference on Thursday morning .

“It wasn’t just this one couple’s embryos,” said Adam Wolf, a fertility attorney representing the couple and other potential plaintiffs. “Indeed, Fujifilm Irvine Scientific oil killed the embryos of an enormous number of people…

“It is outrageous that Fujifilm’s Irvine Scientific has not been more transparent about the magnitude of this disaster and unforgivable that it has not made the recall notice publicly available to fertility patients as the company is a global leader in oil used in IVF embryos will cultures,” added the attorney.

A voluntary recall notice the lawyer said was sent to embryo clinics in January — posted on his law firm’s website — cites “oil toxicity” found in three “batches” of the oil, which came from the same raw material. A fourth batch, made from the same raw material, was also recalled, according to the notice, although it showed no signs of toxicity.

The recall notice lists “potential defects” in the recalled batches that “may result in adverse effects on embryonic development.” The affected lots “met all final product release specifications” before being distributed, the notice said.

The lawsuit alleges that the company failed to properly test the oil before distributing it to clinics.

Fujifilm Irvine Scientific officials did not immediately respond to a request for comment on the recall or the allegations in the lawsuit.

According to the couple’s lawyers, the oil used during the in vitro fertilization process protects the embryos from temperature fluctuations, among other things, and is necessary to ensure they survive and remain viable for implantation.

The couple involved in the Orange County lawsuit learned their embryos had died when they were contacted by their clinic. They prefer to remain anonymous, their attorney said, and will be referred to in the court filing by their initials only.

“Filing a lawsuit is just a measure of justice, but it can’t really cure anyone completely,” Wolf said. “We can’t go back in time and undo that. We cannot revive human embryos. The damage caused is irreparable”

Wolf described the Orange County lawsuit as “the tip of the iceberg,” noting that his law firm — Peiffer Wolf Carr Kane Conway & Wise — is already representing around a dozen affected patients. According to Wolf, Fujifilm Irvine Scientific is not the only oil supplier, but one of the largest.