The class action against CooperSurgical, which alleged the Connecticut company was responsible for mass embryo loss due to a defective product used during the in vitro fertilization process, survived a motion to dismiss in the Northern District of California.

The ruling was a win for the California members of the proposed class. U.S. District Judge Jon S. Tigar deferred ruling on the claims of non-California plaintiffs due to a jurisdictional challenge by the defendants, CooperSurgical Inc. and The Cooper Companies Inc.