Two couples who had sued a hospital and in-vitro fertilization clinic over the accidental destruction of their frozen embryos have decided to drop their lawsuit. This decision comes after the Alabama Supreme Court ruled that the couples could pursue wrongful death claims, considering embryos as children.
The couples, who had filed a joint lawsuit against the Center for Reproductive Medicine and Mobile Infirmary Medical Center, have now withdrawn their claims. The Mobile County Circuit Court Judge granted the dismissal with prejudice, preventing the couples from pursuing the case in the future. However, a third couple with a similar wrongful death claim is still pursuing their case.
The incident occurred when a patient entered the hospital storage facility and accidentally dropped the embryos on the floor, leading to their destruction. This case gained attention in the abortion debate following the Alabama Supreme Court's ruling that allowed the couples to seek wrongful death claims for the loss of their 'extrauterine children.'
Subsequently, three major in-vitro fertilization clinics in Alabama closed down due to concerns about liability arising from embryos being equated to children or developing fetuses. In response to the ruling and the ensuing backlash, Alabama lawmakers passed a bill to protect doctors from legal liability in cases involving embryo destruction.
In June, the three couples involved in the legal battle challenged the immunity bill, arguing that it was unconstitutional to apply a new statute to ongoing litigation. They contended that the law contradicted the state's policy of recognizing the rights of unborn children, including the right to life.
Efforts to reach the lawyers representing the IVF clinic and hospital for comment were unsuccessful at the time of reporting.
