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re: IVF is about to be screwed

Posted on 2/20/24 at 11:44 am to
Posted by imjustafatkid
Alabama
Member since Dec 2011
50796 posts
Posted on 2/20/24 at 11:44 am to
Here's an article from 1819 News about the ruling. Only legit source for Alabama news imo.

quote:

The cases arose when three couples, who had already become parents through IVF, sued the Mobile Infirmary Clinic, Inc., claiming that the clinic's negligence in leaving the IVF clinic and freezer room unlocked and vulnerable to an intruder resulted in the deaths of their frozen embryos, which the clinic conceded were human. The Mobile County trial judge dismissed the cases, reasoning that a frozen embryo is not a “child” under Alabama's Wrongful Death of a Minor Act.


So the parents believe these embryos are human, and the clinic believes these embryos are human...but we're supposed to be outraged by this ruling?

Also I find it interesting that people in this thread are arguing about the embryos being dropped. That's not what happened here at all. The hospital left these embryos in an apparently totally-open and accessible area and some random patient got in there and opened the fridge doors. That led to the embryos dying. This is absolutely negligence on the part of the facility.

quote:

the Court noted that when the statute was enacted in 1872, “child” meant “the immediate progeny of parents,” and that the Court would not create an exception in the statute for these IVF embryo children just because they were located outside the womb. The word “child,” the Court reasoned, means “an unborn or recently born individual member of the human species, from fertilization until the age of majority.”


Seems reasonable to me.

Also, the Karens who are arguing this will "end IVF in Alabama" are ridiculous.

A similar case in San Francisco had a negative result for an IVF clinic in 2021. Is that going to end IVF in California? Or are you all just beholden to whatever the news tells you will happen?
This post was edited on 2/20/24 at 12:28 pm
Posted by Dizz
Member since May 2008
14782 posts
Posted on 2/21/24 at 5:25 pm to
quote:

A similar case in San Francisco had a negative result for an IVF clinic in 2021. Is that going to end IVF in California? Or are you all just beholden to whatever the news tells you will happen?


The case was only similar because the embryos were destroyed. There were hundreds of claims but it doesn't appear there were any wrongful death claims. There are plenty of negligence cases against IVF facilities for destroyed embryos but not wrongful death claims.
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