What is the current state of the law on tort recovery for wrongful death of a fetus in utero?
MultiRegion, United States of America
The following excerpt is from Santana v. Zilog, Inc., 95 F.3d 780 (9th Cir. 1996):
Although most states allow tort recovery for prenatal injury to children eventually born alive, they are split upon whether to permit recovery for wrongful death of a fetus in utero. Still, the vast majority of states allows recovery if the fetus has reached the stage of viability. See Farley v. Sartin, 195 W.Va. 671, 466 S.E.2d 522, 528 n. 13 (1995) (providing a comprehensive list of the thirty-seven jurisdictions that recognize a wrongful death cause of action for viable fetuses).
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