Florida Couple Files Lawsuit Against Alabama IVF Clinic in Wake of Landmark Court Ruling on Frozen Embryos

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ICARO Media Group
Politics
05/03/2024 22h12

In a significant development following the recent state Supreme Court ruling that classified frozen embryos as children, a Florida couple has filed a wrongful-death lawsuit against the Alabama in vitro fertilization (IVF) clinic involved in the controversial case. This lawsuit marks the fourth legal action related to the destroyed frozen embryos incident that occurred in 2020. The lawsuit was filed on Thursday at the Mobile County Circuit Court against the Mobile Infirmary Medical Center and the Center for Reproductive Medicine.

The Alabama Supreme Court ruling has left the state's legal landscape for IVF in a state of uncertainty, causing concerns among doctors and IVF patients who fear potential liability for the destruction of frozen embryos, whether it be accidental or as part of standard IVF treatment. The state's highest court overturned a previous ruling that dismissed wrongful-death claims, asserting that frozen embryos yet to be implanted indeed meet the definition of a child.

The latest lawsuit represents a fourth couple affected by the 2020 incident, with similar facts presented as the preceding wrongful-death suits. Raymond Lee and Sarah Brackett from Florida claim to have lost at least three frozen embryos when a hospital patient at the Mobile Infirmary Medical Center gained unauthorized access to the Center for Reproductive Medicine facility. The intruder proceeded to drop the container of cryopreserved embryos on the floor after removing it from its liquid nitrogen storage.

The Bracketts, who were patients at the Center for Reproductive Medicine and had previously conceived twins through IVF, have not yet provided a comment regarding the lawsuit. The full extent of the incident remains unknown, including the identity of the intruding hospital patient and the total number of affected patients and lost embryos.

With the recent Supreme Court ruling, the Bracketts' lawsuit may proceed on a clearer timeline. It is currently unclear whether the hospital and Center for Reproductive Medicine will seek a rehearing. Requests for comment from the defendants' attorneys have not been answered as of early Tuesday.

Following the court's ruling on February 16, approximately half of Alabama's IVF clinics chose to pause procedures in various capacities. Some clinics suspended all treatments, while others continued operations except for embryo disposal.

Outside of Alabama, the court's decision has sparked criticism from reproductive rights advocates and political groups aligned with the left. They denounced the court's interference in private medical decisions and raised concerns over religious rhetoric used by Chief Justice Tom Parker, known for his conservative legal writings that have laid the groundwork for anti-abortion court decisions. Parker's ruling included statements such as, "Human life cannot be wrongfully destroyed without incurring the wrath of a holy God."

The ruling has generated controversy not only among liberals but also among conservatives. Former President Donald Trump distanced himself from the ruling, urging Alabama politicians to swiftly find a solution to preserve IVF's availability in the state. The National Republican Senatorial Committee encouraged GOP candidates nationwide to support IVF, and religiously conservative women have also come forward to defend the medical procedure.

In response to the upheaval caused by the Alabama ruling, lawmakers in the state have been working diligently to pass legislation that shields IVF providers and patients from criminal or civil liability if created embryos are damaged or destroyed. The legislature aims to pass the bill on Wednesday and send it to Governor Kay Ivey, who has expressed intentions to sign it.

As the legal fallout unfolds, the impact of the Alabama Supreme Court ruling on IVF practices and rights continues to reverberate throughout the state and beyond, prompting urgent conversations and actions to protect both providers and patients involved in the field of reproductive medicine.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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