Toxic oil destroyed L.A. couple’s embryos, lawsuit claims

A Los Angeles couple filed a lawsuit Thursday against a maker of a crucial oil used by fertility clinics, saying it was toxic and destroyed their embryos.

The company Fujifilm Irvine Scientific quietly recalled four production lots of the oil used to culture embryos on Jan. 16 after complaints of problems from clinics and its internal investigation discovered the toxicities.

The couple’s lawyers said that the embryos of more fertility patients may have been destroyed. The Orange County company is a major global supplier of the refined mineral oil used in the process of in vitro fertilization.

In its recall notice to fertility clinics, the company said it had received “a small number” of complaints, which included the “complete degradation” of some embryos. The company did not post the letter on its website or alert the broader public to the problems.

In the notice, the company said it had performed “an extensive investigation” after receiving the complaints. Although the oil product had met its specifications before it was shipped, the company said, its later investigation detected toxicity in three of the lots.

The company said it was also recalling a fourth lot of the product because it was made from the same batch of raw materials.

“It is important that these devices are not used,” Marlin Frechette, the company’s chief compliance and quality officer, wrote in the notice.

The couple, who were not identified by name, said in the lawsuit that their fertility clinic notified them that the oil had destroyed their nine embryos shortly after the Jan. 16 notice. They said they were “devastated” because they may no longer be able to have genetic children.

They were referred to only as “A.B.” and “C.D.” in the lawsuit, which was filed in Orange County Superior Court.

In promotional materials, Fujifilm Irvine Scientific described the mineral oil as “highly purified” and said it could safely be used to prevent evaporation in the delicate process of culturing and storing embryos, according to the lawsuit.

The lawsuit claims the company failed to properly test the oil before distributing it.

The global holding company, which is headquartered in Tokyo, bought Irvine Scientific Sales Co. in Santa Ana in 2018.