Infertility, Assisted Reproductive Technology, and Legal Liability for Prenatal Harm

Infertility, Assisted Reproductive Technology, and Legal Liability for Prenatal Harm Presented by: Prof. Dr. Kraljić Date: April 13, 2025 Infertility - Infertility is a disease of the male or female reproductive system defined by the failure to achieve a pregnancy after 12 months or more of regular unprotected sexual intercourse. - Primary infertility is when a pregnancy has never been achieved by a person, and - Secondary infertility is when at least one prior pregnancy has been achieved. Assisted Reproductive Technology (ART) - Assisted Reproductive Technology (ART) encompasses a variety of medical techniques designed to aid individuals and couples facing infertility. - Prenatal harm refers to injury or harm inflicted on a fetus during pregnancy, which can be caused by external factors such as drugs, accidents, or alcohol, medical negligence, but also in ART procedures. - This harm may result in birth defects, developmental issues, or other health problems for the child after birth. Errors During The ART Procedure - - 2018 tank failure destroyed 3500 frozen eggs and embryos for 400 patients • Improper handling of embryos - • Misuse of reproductive technology Embryos mix-up Cloning? • Mistakes during egg retrieval, fertilization or embryo implantation LePage v. Center for Reproductive Medicine, P.C - A patient at the hospital wandered into the cryogenic nursery and removed several embryos - causing their deaths - The Supreme Court of Alabama ruled that under Alabama's Wrongful Death of a Minor Act, the definition of a "child" includes those who are unborn, regardless of their location (either inside or outside a biological uterus). - Alabama's highest court ruled frozen embryos are people Exposure to Medications - "biggest anthropogenic medical disaster ever," with more than 10,000 children born with a range of severe deformities The Intersection Of Law And Medicine: Liability For Prenatal Harm In Art Procedures - Singletons life • Lower risk of prematurity • Weight an average of 3,357 g/39 w • Low birth weight (2,500 g) -5,9% - Twins • Higher risk of prematurity • Weight an average of 2,389 g/35,8 w (1,735 g/32,5 w) • Low birth weight (2,500 g) -53,1% - • 90% of births are preterm • Each baby is more than 20 times more likely to die in the first month of Triplets Who might be Liable for Prenatal Harm in ART Procedures? - Medical professionals (doctors, fertility specialist Fertility clinics - Pharmaceutical companies - Parents (intended parents)