Can Lost Embryos Give Rise to a Wrongful-Death Suit?
From the article:
Over a single weekend in March, an unprecedented disaster hit fertility clinics—twice.
First came the news that the University Hospitals Fertility Center in Ohio, lost more than 4,000 eggs and embryos in a malfunctioning cryogenic tank. Then, in an unrelated incident, Pacific Fertility Center in California reported that liquid-nitrogen levels had fallen too low in a tank holding “several thousand” eggs and embryos, affecting an unconfirmed number.
The filing cites a 1985 Ohio Supreme Court case, Werling v. Sandy, that held a viable fetus is a person. But I. Glenn Cohen, a professor at Harvard Law School, says that case may not be the most relevant one here. A viable fetus is one that can survive outside of a womb. And in Egan v. Smith, an Ohio Court of Appeals court held in 1993 that wrongful death could not be brought for a nonviable fetus. This case is more likely to apply to embryos. “It’s a real stretch,” he says, “but lawyers are supposed to give every argument they can.”
Read the full article here!bioethics biotechnology human tissue i. glenn cohen public health reproductive rights reproductive technologies