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This topic in Politics & Government is about Judge: Couple can sue fertility clinic for Wrongful Death of Embryo.

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Old Feb 6, 2005, 07:05 am   #1 (permalink) (top)
Mr.Vicchio
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Judge: Couple can sue fertility clinic for Wrongful Death of Embryo

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A Chicago judge has ruled that an embryo mistakenly discarded by an Illinois fertility clinic was a 'human' and its parents can sue under the state's wrongful death law.

Circuit Court Judge Jeffrey Lawrence ruled "a pre-embryo is a 'human being' within the ... Wrongful Death Act and that a claim lies for its wrongful destruction whether or not it is implanted in its mother's womb."
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In his decision, Judge Lawrence wrote that he was following the state's Wrongful Death Act which permits women to sue if their unborn children are killed in an attack or accident.

"Philosophers and theologians may debate, but there is no doubt in the mind of the Illinois legislature when life begins. It begins at conception," Lawrence wrote.
http://www.worldnetdaily.com/news/ar...TICLE_ID=42735
This... is gonna make it to the Supreme Court I think. Should be fun to watch this one get nasty.


Einstein's "Theory of Relativity" is still being challenged to this day, but by consensus Global Warming is a fact... that's REAL science at work, why didn't Albert just go that route?

Last edited by Mr.Vicchio; Feb 6, 2005 at 08:45 am.
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Old Feb 6, 2005, 07:47 am   #2 (permalink) (top)
giuliano
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i would go along with this. a fertility clinic should not be able to use legalised abortion as a defense against its negligence in killing an unborn child.


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Old Feb 7, 2005, 11:42 am   #3 (permalink) (top)
moshi
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<blank stare>

Whether the Illinois fertility clinic gets charged with, err, embryonic murder depends on what the jury thinks is the point at which life begins. This is all a matter of personal belief. Religion can come into play here as well.

As you said, Mr. Vicchio, this is bound to get nasty.


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Old Feb 7, 2005, 12:21 pm   #4 (permalink) (top)
Mr.Vicchio
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This is one of those cases that is gonna cause haert burn for the Abortion crowd on both sides. The case wins and you have another instance where the courts have decided an embryo/unborn is worthy of legal recognition/protection.

Which weakens Roe Vs. Wade.

If they lose, it still brings the whole "when does life begin" question into public scrutiny.

Ugly this one shall be.


Einstein's "Theory of Relativity" is still being challenged to this day, but by consensus Global Warming is a fact... that's REAL science at work, why didn't Albert just go that route?
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Old Feb 7, 2005, 12:56 pm   #5 (permalink) (top)
ericsp23
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And that's not even taking into consideration that this is standard operating procedure for all fertility clinics. They normally fertilize many eggs and then pick the embryo that is deemed most viable for implantation. The rest are destroyed.
http://www.sfgate.com/cgi-bin/articl...20/MN58092.DTL

This ruling could make it difficult for these clinics to continue to operate and remove an option for couples who have trouble conceiving.


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Old Feb 7, 2005, 01:05 pm   #6 (permalink) (top)
Mr.Vicchio
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Which is sad. My Ex and I had a hard time getting pregnant. She had 3 mis carriages. About 6 months before that was to be our last option the good lord blessed us with my Son, then 6 months later my daughter was concived.

But I do worry about whatever this ruling could have for couples trying to have children.


Einstein's "Theory of Relativity" is still being challenged to this day, but by consensus Global Warming is a fact... that's REAL science at work, why didn't Albert just go that route?
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