Jeter v. Mayo Clinic Arizona [Brief] (2005)

Facts?Belinda and William Jeter sued Mayo Clinic Arizona for the negligent destruction of five frozen pre-embryos. The pre-embryos were derived from Mrs. Jeter?s eggs and Mr. Jeter?s sperm [7], were allowed to develop a couple of days then preserved for future attempts at in vitro [8] fertilization [9]. Five of the pre-embryos were somehow lost during transportation to another clinic, the Arizona Center for Fertility Studies. The Jeters claimed compensation for wrongful death [5], negligence, breach of fiduciary duty, and breach of a bailment contract. Law?Arizona Revised Statutes §12-611 stated in part, ?When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who would have been liable if death had not ensued shall be liable to an action for damages. Ruling?The word ?person? in Arizona?s wrongful death [5] statute does not include in its scope a cryopreserved, three-day-old 8-cell pre-embryo. Dismissal of the wrongful death [5] claim was proper. However, the Jeters could sue under the negligence and breach of fiduciary duty or bailment contract claims so the trial court?s dismissal of those claims was reversed.