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The U.S. Supreme Court turned away on Monday a bid by an Alabama fertility clinic to avoid a wrongful death claim in a civil lawsuit over the destruction of a couple's frozen embryo in a case that ...
James LePage, et al. v. The Center for Reproductive Medicine and Mobile Infirmary Association [a] is a 2024 Alabama Supreme Court case in which the court reaffirmed that frozen embryos are considered a minor child for statutory purposes, allowing for in vitro fertilization (IVF) clinics to be held liable for the accidental loss of embryos under Alabama's Wrongful Death of a Minor statute ...
A fertility clinic and hospital had asked the court to review the Alabama Supreme Court decision that a couple, who had a frozen embryo destroyed in an accident, could pursue a lawsuit against them for the wrongful death of their “minor child.” Justices turned down the petition without comment.
The decision prompted a wave of public backlash as women saw fertility treatments canceled or put in jeopardy after the ruling. Three clinics stopped IVF services because of the civil liability concerns raised by the ruling, which treated a frozen embryo the same as a child or gestating fetus under Alabama's wrongful death law.
The Alabama ruling, which was released Friday, stems from two lawsuits filed by three sets of parents who underwent in vitro fertilization (IVF) procedures to have babies and then opted to have ...
Justices in a 7-2 decision without comment rejected a request to revisit the ruling that drew international attention and prompted fertility clinics to cease services earlier this year.
Still, while the Alabama court’s decision doesn’t mean IVF treatments are specifically prohibited, it’s proving to have widespread impacts on how fertility clinics operate in the state.
The ruling revived three families' lawsuits accusing a Mobile, Alabama fertility clinic, Center for Reproductive Medicine, and the hospital where it is located, Mobile Infirmary, of failing to ...