Judge dismisses couple’s IVF lawsuit that led to controversial Alabama Supreme Court ruling
The second of two lawsuits brought by couples whose frozen embryos were destroyed by a wandering hospital patient in cases that paved the way for a controversial Alabama Supreme Court ruling was dismissed on Friday, according to state court records.
Scott Aysenne and Felicia Burdick-Aysenne were among the couples claiming that they were entitled to damages under Alabama’s wrongful death statute, arguing that the embryos constituted minor children.
The Aysennes notified the court Friday that they were seeking a dismissal of the case but did not offer their reasoning behind the move.
Judge Jill Parrish Phillips’ order on Friday dismissing the case with prejudice, meaning the Aysennes cannot refile the lawsuit, also did not contain an explanation.
Efforts to reach the Aysennes’ attorney were not immediately successful.
The case’s dismissal comes more than four months after two other couples — James and Emily LePage and William Tripp Fonde and Caroline Fonde — dropped their case against Mobile Infirmary and the Center for Reproductive Medicine.
Both cases made their way to the Alabama Supreme Court, where the justices sided with the couples.
The Wrongful Death of a Minor Act “applies to all unborn children, regardless of their location,” wrote Alabama Supreme Court Justice Jay Mitchell.
“[T]he Wrongful Death of a Minor Act is sweeping and unqualified. It applies to all children, born and unborn, without limitation. It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding ‘unborn life’ from legal protection.”
The decision drew nationwide backlash and spurred IVF clinics in Alabama to halt operations amid concern that they would face lawsuits.
It also led the Alabama Legislature to pass a bill giving IVF clinics immunity from criminal and civil lawsuits.
Infirmary Health, which runs Mobile Infirmary, announced in April that it will no longer provide IVF treatments beginning in 2025.
The couples accused the defendants of wrongful death, negligence and breach of contract in two lawsuits filed in 2021 in Mobile County Circuit Court.
Mobile Infirmary “allowed one of its patients to leave and/or elope from his or her room in the Infirmary’s hospital area and access the cryogenic storage area,” according to one of the lawsuits.
The patient removed embryos from the freezer, and “it is believed that the cryopreservation’s subzero temperatures burned the eloping patient’s hands, causing him or her to drop the cryopreserved embryonic human beings on the floor, where they began to slowly die,” one of the filings stated.
By the time hospital staff noticed the incident, all of the embryos died, according to the lawsuits.