Court Rejects Request to Rehear Case Granting “Wrongful Death” Rights to Destroyed Embryos
The Alabama Supreme Court has declined to revisit a February ruling that classified frozen embryos as children under state law. This decision has significant implications for fertility treatments and patient rights in the state.
Unanimous Decision with Lasting Impact
In a 7-2 vote, the justices denied a request from the Center for Reproductive Medicine and the Mobile Infirmary, the defendants in the original lawsuit, to re-argue the case. The original ruling allowed three couples to pursue wrongful death lawsuits after their frozen embryos were destroyed in a storage facility accident.
Public Backlash and Legislative Response
The February decision sparked widespread public debate and controversy. Many women faced cancellations or delays in fertility treatments due to concerns raised by the ruling’s implications.
Furthermore, three fertility clinics in Alabama temporarily halted IVF services due to the increased civil liability associated with the court’s interpretation of the wrongful death law.
However, the state legislature responded by passing legislation that shields fertility clinics from lawsuits in cases of accidental embryo destruction. This allowed the previously closed clinics to resume services.
Lingering Uncertainty for Medical Community
Despite the legislative action, the Medical Association of the State of Alabama and the Alabama Hospital Association joined forces in a brief supporting the request for a rehearing.
Their argument centered on the ongoing “cloud of uncertainty” the February decision creates for healthcare providers. They believe the legal landscape regarding frozen embryos remains unclear, potentially leading to future legal challenges.
