DESTROYED EMBRYO DEEMED HUMAN (Chicago, IL Court Ruling)

Chicago Sun Times ^ | 2.5.05 | Steve Patterson

[gopwinsin04]

A frozen embryo destroyed in a Chicago fertility clinic was a human being whose parents are entitled to file a wrongful death lawsuit, a Cook County judge rules Friday.

Attorneys on both sides of the abortion issue said it was the first such ruling they have heard of as the country debates whether stem cells derived from embryos can be used in research and medicine.

Alison Miller and Todd Parrish hoped to conceive a child with help from the Center of Human Reproduction, but the one fertilized egg the couple created was thrown out in error by a clinic worker.

Friday, Judge Jeffrey Lawrence II said 'a pre-embryo is a human being..whether or not it is impanted in its mother's womb' and the couple is entitled to seek the same compensation awarded to other parents whose children are killed. 'Philisophers and theologians may debate,' he wrote, but there is no doubt in the mind of the Illinois legislature when life begins. It begins at conception.'

Coleen Connell, executive director of the American Civil Liberties Union in Chicago, said she expected the ruling would be overturned on appeal.

James Costello, who represented the couple said the clinic workers negligence was now at issue goven the ruling. 'The embryo had a unique set of DNA not unlike a child and was just thrown out like a piece of garbage,' he said.

Pro Life Action Leage director Joe Scheidler praised the ruling. 'That is scientifically correct. Life begins at fertilization, not implantation.'

Northwestern Law Professor Dorothy Roberts warned that the ruling may have 'scary' and 'dangerous' implications for the law.

[gopwinsin04]

Thank goodness there are some who will stand for life out there.

[Calpernia]

PRO LIFE PING!!!!

>>>A frozen embryo destroyed in a Chicago fertility clinic was a human being whose parents are entitled to file a wrongful death lawsuit, a Cook County judge rules Friday.<<<

Judge rulled the embryo was a Human Being!!!!

[The Mayor]

Amen, let the Truth come out!

[gopwinsin04]

Time to set a precedent with some case law here..

[Calpernia]

bump!

Bump!

BUMP!

[gopwinsin04]

Mega bump!!

[anonymous_user]

This one passed the all-important "Planned and Wanted" test. It's never been about the fetus.

[gopwinsin04]

You think SCOTUS may bite on this one on an appeal to make a ruling?

[greasepaint]

'thrown out', means exactly what?,
toilet?
city dump?
treat for Spot and Fluffy?

[gopwinsin04]

I think it may have been accidental in this case, or so the film claims..

[drt1]

I would be interested in knowing what the motivations and philosophies of this couple are. If it's just money and a free in-vtro fertilization cycle then settlement is likely in the offing. If, on the other hand, they are committed Pro-Life people then this case will undoubtedly go forward to some final determination on the Humanity of the blastocyst.

I hope the latter but I suspect the former.

[gopwinsin04]

It is satisfying to know that there a some judges who will stand up for life..

[LiteKeeper]

L'Chaim - Survive

[anonymous_user]

You think SCOTUS may bite on this one on an appeal to make a ruling?

I have no idea. (Not an attorney, SCOTUS groupie, etc.) but hopefully someone else here can field that one.

[LauraleeBraswell]

I'm wondering if it was just 1 embryo they made,

if they were commited pro life- then they probably wouldn't be for that in vitro fertilization,

[dirtboy]

Friday, Judge Jeffrey Lawrence II said 'a pre-embryo is a human being..whether or not it is impanted in its mother's womb' and the couple is entitled to seek the same compensation awarded to other parents whose children are killed. 'Philisophers and theologians may debate,' he wrote, but there is no doubt in the mind of the Illinois legislature when life begins. It begins at conception.'

A fascinating ruling on many, many, many levels. Does this mean that the disposal of unwanting in vitreo embryos consitutes murder in the eyes of the State of Illinois? Does this mean that the clinic is subject to criminal charges as well as civil damages? What does this do for abortion laws in Illinois?

[drt1]

Actually, the article states that a number of embryos were attempted and the single embryo was selected, the others being judged inferior in some respect.

It was this single embryo that was then discarded. I still suspect the motives of the couple and wonder if they have gone forward, elsewhere to achieve a desired pregnancy.

[RetroWarrior]

Northwestern Law Professor Dorothy Roberts warned that the ruling may have 'scary' and 'dangerous' implications for the law.

After all, we can't have people being called human!
/sarcasm

[Lionround]

I have a problem with this ruling. If the embryo is a "human being" then that makes it a dependent. If I have frozen, vital, fertilized embryos stored in a clinic, can I then take an income tax deduction for each and every one of them?

Also, do they need special care? Does the clinic have to hire neo-natal intensive care nurses to watch the freezer in case these "human beings" need special care?

There is more to this than meets the eye.

[mrs tiggywinkle]

**I'm wondering if it was just 1 embryo they made, if they were commited pro life- then they probably wouldn't be for that in vitro fertilization, **

Friends of ours are commited Christians and used the in-vitro method of conception. They made the decision and held to the belief that *all* embryos should be implanted. The first time they were able to implant one embryo (because only one was available) which resulted in a healthy birth of their little boy. The second attempt resulted in three embryos and of course all three were implanted. The triplets are now 7 months old. All four children are just beautiful!

My husband and I chose not to go that way. We're very blessed we were successful with an IUI procedure.