Illinois Judge Rules That Couple Can File Wrongful Death Suit Over Accidentally Discarded Embryo

Main Category: Fertility
Article Date: 08 Feb 2005 - 3:00 PDT


An Illinois judge on Friday ruled that a couple whose frozen embryo was accidentally discarded by a fertility clinic has the right to file a wrongful death suit. This is a ruling that could "frustrate" the future of fertility clinics and stem cell research, the… Chicago Tribune reports (Rucker, Chicago Tribune, 2/6). Alison Miller and Todd Parrish in January 2000 stored nine embryos at the Center for Human Reproduction in Chicago (AP/Baltimore Sun, 2/6). However, when the couple in June 2000 asked for access to one of the embryos, they were informed that it had been "mistakenly" discarded, according to the Tribune. After apologizing for the "human error," the clinic offered Miller and Parrish an additional cycle of in vitro fertilization at no cost, excluding the price of medication. The couple in 2002 sued for damages, claiming wrongful death. Two other judges previously had rejected Miller and Parrish's claim before Friday's ruling.

Ruling Details, Reaction
Cook County, Ill., Judge Jeffrey Lawrence in his ruling and an 11-page memorandum said that the state's Wrongful Death Act, which makes it a crime if a fetus is killed in an accident or assault, protects the "gestation or development of a human being" (Chicago Tribune, 2/6). Lawrence also cited a state law that states an "unborn child is a human being from the time of conception and is, therefore, a legal person" (AP/Baltimore Sun, 2/6). However, many legal experts have said there are "flaws" in Lawrence's ruling because it "misrepresents state law" and "relies" on language that has been invalidated, according to the Tribune. Colleen Connell, executive director of the American Civil Liberties Union of Illinois, said that the state law defining a fetus as a human being "from the time of conception" has been overruled by legislation that has legalized abortion, according to the Tribune. Although the law is still on the books, the definition of human life in the law has been "declared unconstitutional and unenforceable," Connell said, adding that if Lawrence's ruling were upheld, it would hinder fertility procedures and stem cell research in the state, the Tribune reports. "The problems with defining a pre-implantation egg as a human being are monumental. Suddenly anyone who damaged a fertilized egg would be open to a wrongful death suit," she said. Victor Rosenblum, a professor at Northwestern University School of Law and a "leading figure" in Americans United for Life, said there is a "very good chance" that Lawrence's ruling will be overturned on appeal once the state Appellate Court or the state Supreme Court become involved, according to the Tribune. "As an antiabortion activist, I was pleased to see the judge's initiative," Rosenblum said, adding, "But as a lawyer, I can't say that he is on solid ground in his reasoning" (Chicago Tribune, 2/6). An attorney for the fertility clinic said that an appeal likely will be filed, according to the AP/Sun (AP/Baltimore Sun, 2/6).

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