‘How Much Is The Lost Chance To Reproduce Worth?’

Dov Fox and Jill Wieber Lens, ‘Valuing Reproductive Loss’, 112 Georgetown Law Journal 61 (2023). Since Dobbs was decided, abortion rights advocates have been nervously looking around the legal landscape wondering what doctrinal domino is likely to fall next. At this very charged moment, Professors Dov Fox and Jill Wieber Lens bravely chose to write about the downsides of legally underestimating the ravages of reproductive loss post-conception. In their recent article, ‘Valuing Reproductive Loss’, they offer the first empirical study of jury awards in tort cases on reproductive loss, which they define as ranging from mismanaged embryos in the IVF context all the way to mismanaged pregnancies, including early miscarriages and late term stillbirths … (more)

[Philomila Tsoukala, JOTWELL, 23 May 2024]

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