Court of Appeals of Arizona
121 P.3d 1256 (2005)
Belinda and William Jeter (plaintiffs) sought reproductive assistance from the Mayo Clinic Arizona (defendant). After Mayo failed twice at in vitro fertilizations attempts, the Jeters signed an agreement with Mayo to have their frozen fertilized eggs shipped to the Arizona Center for Fertility Studies. At the Arizona Center, the Jeters learned that five of their ten fertilized eggs were missing. After successfully conceiving a child, the Jeters decided they wanted more children, which would require undergoing costly procedures to harvest more eggs. The Jeters brought suit against Mayo claiming wrongful death, negligent loss of the embryos, breach of fiduciary duty, and breach of a bailment contract. The superior court granted Mayo’s motion to dismiss the Jeters’ complaint for failure to state a claim. The Jeters appealed.
Rule of Law
Holding and Reasoning (Kessler, J.)
Concurrence (Timmer, J.)
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