Can Lost Embryos Give Rise to a Wrongful-Death Suit?
April 6, 2018
(The Atlantic) – Taubman says that he filed the complaint to “unclog the logjam” of dozens of related fertility-clinic cases in Ohio. If embryos were declared people, he noted, then a wrongful-death claim could also come into play. “The damages are much more severe … There is no cap on damages,” he says. Encapsulated in this legal strategy is a lightning rod of a question. If—and that’s a big if—an embryo is deemed a person, then it could very well alter the practices of in-vitro fertilization clinics, which routinely create more embryos than are implanted into patients. And it will almost certainly alter the landscape of abortion politics.