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 A third couple also sued — their similar wrongful death claim has not been withdrawn and is still ongoing.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.
The case became a flashpoint in the abortion debate when the Alabama Supreme Court ruled in February that the couples could pursue wrongful death claims for the destruction of their “extrauterine children.”
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. After widespread, bipartisan backlash to the ruling, Alabama lawmakers passed a bill shielding doctors from legal liability for the destruction of embryos.
As recently as June, the three couples at the center of the legal battle also challenged the immunity bill, claiming that it was unconstitutional to apply a new statute to pending litigation, and that the law violated the state policy to recognize the “rights of unborn children, including the right to life.”
Lawyers for the IVF clinic and hospital could not be reached for comment.
—-
Safiyah Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
Two couples have decided to withdraw their wrongful death lawsuit against an Alabama IVF clinic and hospital, marking the end of a legal battle that has garnered national attention. The lawsuit was filed in response to a tragic incident that occurred at the fertility clinic, resulting in the loss of two embryos and devastating the couples involved.
The incident took place in early 2020 when the two couples were undergoing fertility treatments at the clinic. Due to a mix-up in labeling, the embryos belonging to one couple were mistakenly implanted into the other couple. This error was not discovered until weeks later, when the couples were informed that the pregnancy was not viable.
The couples were understandably devastated by the news and decided to take legal action against the clinic and hospital for their negligence. They claimed that the wrongful implantation of the embryos had caused them emotional distress and financial hardship, as they had invested significant time and money into the fertility treatments.
However, after months of legal proceedings, the couples have chosen to withdraw their lawsuit. In a joint statement, they explained that they had reached a settlement with the clinic and hospital and were satisfied with the outcome. They expressed their hope that this incident would lead to improvements in the procedures and protocols of fertility clinics to prevent similar mistakes from happening in the future.
The decision to withdraw the lawsuit has been met with mixed reactions from the public. Some have praised the couples for finding closure and moving on from the traumatic experience, while others have criticized them for not holding the clinic and hospital accountable for their actions.
Regardless of the opinions surrounding this case, it serves as a reminder of the importance of proper labeling and verification procedures in fertility clinics. The consequences of a simple mistake can be devastating for all parties involved, highlighting the need for strict protocols to ensure the safety and well-being of patients undergoing fertility treatments.
Moving forward, it is hoped that this incident will prompt fertility clinics across the country to reevaluate their procedures and implement additional safeguards to prevent similar errors from occurring. By learning from past mistakes and prioritizing patient safety, clinics can ensure that tragedies like this one are avoided in the future.
