Cause of action for Pre-viable Fetus

In May of 2007, a pregnant mother was injured in an automobile accident which resulted in the loss of her unborn child.  My office commenced an estate on behalf of the unborn fetus.  The Oakland County Probate Court denied the petition for probate finding that it was unclear whether Michigan’s wrongful death statute MCL 600.2922 provided for a cause of action for a pre-viable fetus and ruled that the cause of action belonged to the parent.  In an unrelated matter, Wayne County Circuit Court Judge Torres issued and Opinion finding that MCL 600.2922 grants a cause of action to an embryo or fetus.  Upon learning of the opposite result reached in the Wayne County Circuit Court, my office successfully prevailed on a Petition for Relief from the prior.  The probate court then opened the estate on behalf of the pre-viable fetus.

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