Jeter v. Mayo Clinic Arizona
Court of Appeals of Arizona
121 P.3d 1256 (2005)
The Jeters (plaintiffs) underwent fertility treatment at Mayo Clinic Arizona (defendant), and after two failed IVF attempts, agreed to have their remaining frozen fertilized eggs shipped to another fertility center, where they discovered five of their ten eggs were missing. After successfully having one child, the Jeters wanted more but would need costly procedures to harvest new eggs given the loss. They sued Mayo for wrongful death, negligent loss of the embryos, breach of fiduciary duty, and breach of a bailment contract; the trial court dismissed the complaint for failure to state a claim, and the Jeters appealed.
Whether a frozen, fertilized egg is a "person" within the meaning of Arizona's wrongful death statutes.