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PROFESSIONAL ISSUESIllinois judge allows suit over destroyed embryoA court rules that state law declares life to begin at conception, so the case could go forward under the state's Wrongful Death Act.By Andis Robeznieks, AMNews staff. Feb. 28, 2005. Observers are waiting to see whether a local court case in Illinois will merely settle a dispute between a couple and a fertility clinic, or if it will have a far-reaching impact on assisted reproduction, embryonic stem cell research and even abortion. Cook County Circuit Judge Jeffrey Lawrence Jr. ruled Feb. 4 that a pre-implanted embryo was, in fact, a human being, so a wrongful death suit filed against a Chicago fertility clinic could go forward. Alison Miller and Todd Parrish allege that at least one of their embryos created by the Center for Human Reproduction was wrongfully destroyed on Jan. 13, 2000. Judge Lawrence cited the Illinois Wrongful Death Act of 1980 -- which specifically exempts physicians performing abortions -- as the basis for his ruling. "Philosophers and theologians may debate, but there is no doubt in the mind of the Illinois Legislature when life begins," the judge wrote. "It begins at conception. ... This court has no hesitation in ruling that a pre-embryo is a 'human being.' " Center for Human Reproduction attorney James Kopriva did not comment beyond saying that he disagrees with the judge's ruling and that his clients are weighing their options before deciding what to do next. Robert Schenken, MD, president of the American Society for Reproductive Medicine, said his group might file an amicus brief if the decision is not overturned. "It could have a monumental effect on in vitro fertilization clinics if the fertilized egg and embryo are considered human beings. I think everyone is looking at it with great concern. The other issue is that it would essentially end embryonic stem cell research in the state of Illinois." [...]Full text of AMNews content is available to AMA members and paid subscribers.
Copyright 2005 American Medical Association. All rights reserved.
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