MONTGOMERY, Ala. — Recently, a judge dismissed a wrongful death lawsuit that has drawn significant national attention, particularly following a ruling from the Alabama Supreme Court classifying frozen embryos as “extrauterine children.” This landmark decision previously halted in vitro fertilization (IVF) services across the state.
The lawsuit was instigated by a couple whose last remaining frozen embryo was accidentally destroyed. They opted to withdraw their case, and on Friday, the judge approved this request, leading to the lawsuit’s dismissal, according to state court documents. Earlier this August, two additional couples had also rescinded similar claims.
Details surrounding the dismissal remain unclear, including whether a settlement had been achieved. Attorney Trip Smalley, representing the couple, has not yet responded to inquiries regarding comments on the matter.
The embryos involved in these cases were destroyed in 2020 after a hospital patient mistakenly entered the storage area and mishandled the container, resulting in the loss of the embryos.
In February, the Alabama Supreme Court permitted the three couples to file wrongful death claims for their lost embryos. Citing language from the Alabama Constitution opposing abortion, the justices interpreted an 1872 state law that allows parents to sue for the death of a minor to include all unborn children, irrespective of their location.
This judicial outcome sparked considerable discussion in the national discourse surrounding abortion and raised significant liability issues for fertility clinics engaged in the process of creating, storing, and managing frozen embryos. Consequently, three notable IVF providers in Alabama halted their services in light of the court’s ruling. In response to public discontent, Alabama lawmakers enacted legislation aimed at providing immunity to physicians, facilitating the resumption of IVF services within the state.
The couple involved in the lawsuit had turned to IVF to expand their family and stated in their 2021 filing that the accidental destruction of their final frozen embryo, which they had decided not to implant, was a profound loss. Their lawyer emphasized in the suit that they regarded the embryo as a human life.
