In a landmark opinion issued earlier this month, the Michigan Court of Appeals has recognized a Wrongful Death claim arising out of the death of an 18 week old fetus which could not have survived outside its mother’s womb.
The three-judge appeals panel reasoned that the statute at issue made no distinction between a fetus and “person.” It found that this was consistent with both the specific language used in the law and the intent of the Legislature to allow such lawsuits.
In dealing with the analysis, the Court implied that it might even go so far as to apply the same reasoning to the death of an embryo.
The implications of this opinion may be far-reaching, although it is not known at this time if the decision will be appealed.
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