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NEWS: Discarded Embryo = Wrongful Death

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posted on Feb, 5 2005 @ 06:30 PM
From conception to birth, where does the human life begin? It would seem that now as a result of one Judge's opinion given on Friday we could have a clearer answer. A couple has been told they can file a wrongful-death lawsuit against a fertility clinic which was accused of "accidentally destroying" their frozen embryo... Full Article Link

(AP) A couple whose frozen embryo was accidentally destroyed at a fertility clinic has the right in Illinois to file a wrongful-death lawsuit, a judge has ruled in a case that some legal experts say could have implications in the debate over embryonic stem cell research.

In an opinion issued Friday, Judge Jeffrey Lawrence said "a pre-embryo is a 'human being' ...whether or not it is implanted in its mother's womb."

He said the couple is as entitled to seek compensation as any parents whose child has been killed.

Alison Miller and Todd Parrish, who stored nine embryos in January 2000 at the Center for Human Reproduction in Chicago, filed the suit. Their doctor said one embryo looked particularly promising, but the Chicago couple was told six months later the embryos had been accidentally discarded.

Please visit the link provided for the complete story.

This case and resulting opinion seems to define when a human life begins, many believe that happens at the moment of conception.

However is a pre-embryo really a human being?

When does life begin?

Does this make abortion murder?

I am sure those in both the pro-life and pro-choice groups have watched this case and will soon use it as propaganda one way or the other.

Will we ever really know when a human is just that a human and not an egg?

[edit on 5-2-2005 by UM_Gazz]

posted on Feb, 5 2005 @ 06:38 PM
I can see the problem with discarding the embryo, because its the promise of life.

I think they will never win, atleast with the title wrongful death.

If frozen, is it alive?

[edit on 5-2-2005 by SpittinCobra]

posted on Feb, 5 2005 @ 06:43 PM
Intersting. In most fertility operations, as far as I understand it, multiple embryos are created, and multiple ones are implanted. THe extras are kept frozen for a limted time and then the parents can have them destroyed.

Are these parents now murderers? Are the doctors that perform implantations, knowing that only say, one out of 7 implanted empbryos will take, also guilty of murder or wrongful death?

posted on Feb, 5 2005 @ 06:46 PM
To add to Nygdan's comments:

Can you now sue the doctor for malpractice for not having all the embryos take once implanted?

posted on Feb, 5 2005 @ 07:12 PM

Originally posted by swintersVT
To add to Nygdan's comments:

Can you now sue the doctor for malpractice for not having all the embryos take once implanted?

It could be, given the opinion in the above case it seems to kick the door open.

I am not really sure what the legal impact will be, but as you know lawyers love court opinions like this, they can use it in their favor or to help their case when arguing in such matters.. It seems anything is possible now.. Anything that can harm a pre-embryo can now be open to legal action.

Only time will tell.


posted on Feb, 5 2005 @ 08:05 PM
I tell you what, this is not about discarding an embryo this is about pro life pushers trying to get the law to recognized and ping point life so they can have their agenda in gear and backed by the court.

Or It could be just about the Benjamin baby.

posted on Feb, 5 2005 @ 08:29 PM
Is the possible implications involved in the dead of an actual human being ever worth the existence of a possible human?

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