‘A Principled Approach to Damages in Pregnancy Loss and Beyond’

Dov Fox and Jill Wieber Lens, ‘Valuing Reproductive Loss’, 112 Georgetown Law Journal 61 (2023). Dov Fox and Jill Wieber Lens’ 2023 prescient article, ‘Valuing Reproductive Loss’, could not have arrived at a more important time. In February 2024, the Alabama Supreme Court held that a state law permitting parents to recover for the wrongful death of a minor child also protects cryopreserved in vitro embryos. The case sparked vigorous nationwide debate about its implications for access to medical services like assisted reproductive technology and abortion. Broader debates like these are absolutely essential, but according to Fox and Lens, they risk crowding out the core question posed in the Alabama lawsuit and many others … (more)

[Nadia Sawicki, JOTWELL, 24 Jun 2024]

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