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On another note, one interesting case that is being syndicated in every press available is lawsuit filed by a couple whose frozen embryo was accidentally discarded at a fertility clinic. This is a case where parents of deceased filed a lawsuit, and had a judge ruled for case.
According to Associated Press, couple has right to file a wrongful-death lawsuit in accordance to Illinois laws. The judge rules on case in opinion that "a pre-embryo is a 'human being'… whether or not it is implanted in its mother's womb." The judge further added that couple is entitled to seek compensation as any parents whose child has been killed.
Based on state's Wrongful Death Act, lawsuits are allowed to be filed if unborn fetuses are killed in an accident or assault. This is where judge based his ruling on. In addition, law states that "the state of gestation or development of a human being" does not preclude taking legal action.
The couple who stored nine embryos at Center for Human Reproduction in Chicago filed suit. Their doctor told them that one embryo looked particularly promising. However, six months later, they were informed that embryos hade been accidentally discarded.
The attorney for fertility clinic said that an appeal would be filed by defendants.
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