Two couples who sued an Alabama hospital and in-vitro fertilization clinic where their embryos were accidentally destroyed have dropped their wrongful death lawsuit.
MOBILE, Ala. — Two couples who sued a hospital and in-vitro fertilization clinic over the accidental destruction of their frozen embryos have dropped their lawsuit, months after Alabama’s supreme court ruled they could pursue wrongful death claims because embryos could be considered children.
Emily and James LePage and William and Caroline Fonde filed to dismiss their joint lawsuit against the Center for Reproductive Medicine and Mobile Infirmary Medical Center. Mobile County Circuit Court Judge Jill Parish Phillips granted the dismissal with prejudice on Wednesday, barring the couples from pursuing the case in the future. A third couple also sued — their similar wrongful death claim has not been withdrawn and is still ongoing.
Lawyers for the LePages and Fondes did not explain why they've dropped their claims. Associated Press emails and phone messages seeking comment were not immediately returned. The couples had paid to keep their embryos frozen in a hospital storage facility. A patient wandered in and removed several, dropping the embryos on the floor.Three large in-vitro fertilization clinics in Alabama closed immediately following the decision, citing liability concerns introduced when embryos are treated the same as children or gestating fetuses.
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