No. of Recommendations: 1
So, what is "wrongfully destroyed"? Let's suppose an IVF couple are successful, they get a baby. What about the 10 blastulas/gametes still on ice? Can the couple decide to have them destroyed? Is that "wrongfully"? I only frame it that way because you said "people can recover damages", which implies the IVF couple. But if they want them destroyed, there would be no cause for recovery of "damages".
I don't know. I don't think anyone knows. The legal posturing of the wrongful death claim is the deceased bringing the claim against the person(s) who did them wrong, with the proceeds to be distributed through the estate of the deceased to the beneficiaries (just checked - yes, that's how it's done in Florida). If the IVF couple says, "I want them destroyed," it's hard to see how they would be able to prove up the pain and suffering damages that normally would be the only damages for death of a minor child (there's no loss of support or earnings). But the court obviously didn't address that, so who knows how that works out? Or what happens if the couple disagrees, or they change their mind?
