Illinois judge allows suit over destroyed embryo (AMA News)

[Sgent]

Observers are waiting to see whether a local court case in Illinois will merely settle a dispute between a couple and a fertility clinic, or if it will have a far-reaching impact on assisted reproduction, embryonic stem cell research and even abortion.

Cook County Circuit Judge Jeffrey Lawrence Jr. ruled Feb. 4 that a pre-implanted embryo was, in fact, a human being, so a wrongful death suit filed against a Chicago fertility clinic could go forward.

<snip>

Robert Schenken, MD, president of the American Society for Reproductive Medicine, said his group might file an amicus brief if the decision is not overturned. "It could have a monumental effect on in vitro fertilization clinics if the fertilized egg and embryo are considered human beings. I think everyone is looking at it with great concern. The other issue is that it would essentially end embryonic stem cell research in the state of Illinois."

He also predicted that Illinois clinics could change their policies on disposing of embryos. "Under this ruling, no one would dispose of any -- even if the couple requested it," he said. "I don't think any physician would want to assume that type of liability."

American Medical Assn News

[thecrow]

1. More..

<snip>
Alison Miller and Todd Parrish allege that at least one of their embryos created by the Center for Human Reproduction was wrongfully destroyed on Jan. 13, 2000. Judge Lawrence cited the Illinois Wrongful Death Act of 1980 -- which specifically exempts physicians performing abortions -- as the basis for his ruling.

"Philosophers and theologians may debate, but there is no doubt in the mind of the Illinois Legislature when life begins," the judge wrote. "It begins at conception. ... This court has no hesitation in ruling that a pre-embryo is a 'human being.' "

Center for Human Reproduction attorney James Kopriva did not comment beyond saying that he disagrees with the judge's ruling and that his clients are weighing their options before deciding what to do next.

<snip>
"The embryo is human life," said Dr. Keenan, who is also director of the National Embryo Donation Center. "On the other hand, I do think it's a very difficult position to put physicians or fertility clinics in because, if you're working on an embryo, the slightest tremor in your hand could destroy it."


Hmm...Alison Miller and Todd Parrish ?
Are they married?
Are they Republican?
Could this be a setup?
Film at 11, I presume?

[Merope215]

2. What crap

This sounds to me like two people who had no business ever darkening the doorway of a fertility clinic. If you're that pro-life, make your babies the old-fashioned way.

[Erika]

3. True

If God meant for them to have babies, they would have had them. These fanatical right wingers will bring on the demise of fertility clinics.

[kiraboo]

4. I view this case as I would one where a couple deposited

their valuable jewels in a safe-deposit box. They would assume the items were safe. In the event they were destroyed they would have the right to sue. Embryos, jewelry, whatever. If a company agrees to provide a service - in this case, preserving embryos - then they must deal w/the consequences if they breach their agreement. Sure this could be turned into an argument against reproductive technology. I'm not sure if that possibility should blind us to the validity of the couple's claims.

[sandnsea]

5. This is "wrongful death"

Not breach of contract or something sensible. That's the difference. What next? I have to submit my menses for scrutiny to make sure there's no sacred life in it?

[kiraboo]

6. It does seem we're headed in that direction. n/t.

[youthere]

7. Wrongful Death?

What's next?
No masturbating fellas....that's mass murder...an executable offense.
Save those pads and tampons ladies...and don't even think about flushing that toilet.
Oh and better start sewing those burkas now-get a head start.

[bettyellen]

8. boy those embryos would pile up.... should we ask

operation rescue what they want done with them?