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Fertility Clinic Can't Be Sued for Wrongful Death

Posted Oct 25 2008 1:16am
Below is an example of what might happen if embryos are considered a "person". Just think how far this could go! Cryobanks could be sued if the embryos accidentally thaw in their care for wrongful death. Fertility Clinics could be sued for a perceived wrongful handling of these "little people". And what about contraceptives? Would the morning after pill be banned? How about the use of IUD's? Every month would be a personal case of "wrongful death" for each and every woman using these (and other) methods! Your thoughts?
Sharon LaMothe
Fertility Clinic Can't Be Sued for Wrongful Death

     CHICAGO (CN) - A couple cannot sue a fertility clinic for wrongful death after a failed attempt at in vitro fertilization, the Illinois Court of Appeals ruled, rejecting the notion that pre-embryos are human beings covered by the Wrongful Death Act.
     Alison Miller and Todd Parrish sued the American Infertility Group of Illinois after the clinic did not cryogenically preserve a blastocyst (early embryo) for future use.
     The clinic did not inform the Millers of this failure until the Millers requested to have the blastocyst transferred to another clinic.
     Justice O'Mara Frossard overruled the circuit court's ruling that a pre-embryo is a human being who is covered under the Wrongful Death Act.
     "There was no mention of in vitro fertilization during the legislative debates" regarding the Act, the judge wrote. "The Wrongful Death Act has never been interpreted to apply to situations involving the in vitro fertilization process."
     O'Mara Frossard added that the law would have to be changed by the legislature, not by a judicial pronouncement. 

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