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Case Law Update: Wrongful Death Act Not Upheld in In Vitro Fertilization

Miller v. American Infertility, No. 1-05-3202 (9/16/08) determined that Section 2.2 of Wrongful Death Act does not provide plaintiff, husband and wife, a cause of action against in vitro fertilization laboratory, which failed to cryopreserve a fertilized blastocyst, and resulted in the inability to implant it in the wife’s womb. This decision will impact wrongful death lawsuits in terms of in vitro fertilization.