Frisina v. Women and Infants Hospital of Rhode Island
| Decision Date | 30 May 2002 |
| Docket Number | C.A. 95-4037,95-4469,95-5827 |
| Parties | DAVID FRISINA and CAROL FRISINA v. WOMEN AND INFANTS HOSPITAL OF RHODE ISLAND ROBERT LAMONTAGNE and VICKIE LAMONTAGNE v. WOMEN AND INFANTS HOSPITAL OF RHODE ISLAND GEORGE S. DOYLE and SUSAN L. DOYLE v. WOMEN AND INFANTS HOSPITAL OF RHODE ISLAND |
| Court | Rhode Island Superior Court |
DECISION
These matters are before the Court on the motion of defendant Women and Infants Hospital of Rhode Island (hereinafter "defendant" or "Hospital") for summary judgment pursuant to Super. R. Civ. P. 56. The plaintiffs – David and Carol Frisina, George and Susan Doyle, and Robert and Vickie Lamontagne – have filed timely objections to the defendant's motion.
Each of the three cases brought against the defendant involves certain incidents that occurred at the Hospital's In Vitro Fertilization (hereinafter "IVF")[1] Clinic. The plaintiffs were all evaluated and eventually accepted into, the Hospital's IVF Program.
In January 1992, Plaintiff Carol Frisina became a patient of the Endocrinology-Fertility Unit within the Department of Obstetrics and Gynecology at the Hospital. On or about August 5, 1992, the Frisinas signed two forms – the first entitled "Women and Infants Hospital of Rhode Island Informed Consent: In Vitro Fertilization (In Connection with Pre-Embryo Freezing)" and the second entitled "Women and Infants Hospital of Rhode Island Informed Consent and Contract for Pre-Embryo Freezing." In August 1992, Plaintiff Carol Frisina underwent a fresh cycle transfer by which a number of her eggs were harvested and fertilized. Of the thirteen eggs that were successfully fertilized four were transferred to Plaintiff Carol Frisina in the first attempt at conception. The nine remaining embryos were frozen for future use. This initial transfer proved unsuccessful. In June 1993, the Frisinas were treated at the Hospital in preparation for the second attempt at conception using the previously frozen embryos. However, the Frisinas were informed that of the nine frozen embryos from the August 1992 process, only three were available. Moreover the three frozen embryos were not successfully thawed or suitable for transfer. On July 24, 1995, the Frisinas brought suit against the Hospital for the loss and destruction of their embryos.
In September 1993, Plaintiff Vickie Lamontagne became a patient of the Endocrinology-Fertility Unit within the Department of Obstetrics and Gynecology at the Hospital. On or about October 4, 1993, the Lamontagnes signed two forms – the first entitled "Women and Infants Hospital of Rhode Island Informed Consent: In Vitro Fertilization (In Connection with Pre-Embryo Freezing)" and the second entitled "Women and Infants Hospital of Rhode Island Informed Consent and Contract for Pre-Embryo Freezing." Also, a third document entitled "INFORMED CONSENT AND CONTRACT FOR PRE-EMBRYO FREEZING WITH DONATION OF UNUSED PRE-EMBRYOS" was initialed by both Mr. and Mrs. Lamontagne and signed by Mr. Lamontagne. However, upon further examination of the document, Mrs. Lamontagne realized that it contained language stating that her unused pre-embryos would be donated. Since this was contrary to her intent, she did not sign the third document.
On October 27, 1993, Plaintiff Vickie Lamontagne underwent a fresh cycle transfer whereby a number of her eggs were harvested and seven were successfully fertilized. Plaintiff Vickie Lamontagne decided to have three embryos implanted for the first attempt at conception. After being prepared for transfer, Plaintiff Vickie Lamontagne was informed that four embryos had been lost. The remaining three embryos were transferred, and the procedure was successful resulting in the birth of a baby girl. It would later be discovered that only two of the embryos had actually been lost. To date, the two remaining frozen embryos are stored at the IVF Clinic. On October 16, 1995, the Lamontagnes brought suit against the Hospital for the loss or destruction of their embryos.
Finally, Plaintiff Susan Doyle became a patient of the Endocrinology-Fertility Unit within the Department of Obstetrics and Gynecology at the Hospital in August 1991. On or about January 2, 1992, the Doyles signed two forms – the first entitled "Women and Infants Hospital of Rhode Island Informed Consent: In Vitro Fertilization (In Connection with Pre-Embryo Freezing)" and the second entitled "Women and Infants Hospital of Rhode Island Informed Consent and Contract for Pre-Embryo Freezing." In January 1992, Plaintiff Susan Doyle underwent a fresh cycle transfer by which a number of her eggs were harvested and fertilized. Some of the resultant embryos were returned to her uterus, and six remaining embryos were frozen for future use. However, this transfer proved unsuccessful. In June 1992, the Doyles participated in another fresh cycle transfer. A number of embryos were implanted in Plaintiff Susan Doyle, and the five remaining embryos were frozen for future use. This transfer was successful and resulted in the birth of a healthy baby girl. In August 1995, Plaintiff returned to the Hospital to undergo certain testing in connection with the frozen cycle transfer. The Doyles wanted to use the five remaining embryos from the June 1992 process. The Doyles were again asked to read and sign a third document entitled, "Informed Consent for Transfer of Frozen Embryos to the Biological Mother." At this time, the Doyles were informed that the five remaining embryos from the June 1992 process had been inadvertently destroyed when the Hospital moved its IVF Clinic to its current location. Thereafter, the Doyles participated in a frozen cycle transfer using their January 1992 embryos, which proved unsuccessful. On October 31, 1995, the Doyles brought suit against the Hospital for the loss or destruction of their embryos.
In their complaints, the plaintiffs have asserted three theories of recovery: medical malpractice, bailment, and breach of contract. In all three counts, the plaintiffs contend that they have "suffered severe trauma and emotional anguish, pain and suffering." (Pl. Frisinas' Compl. at 3, 4, 5.) (Pl. Lamontagnes' Compl. at 3, 4, 5.) (Pl. Doyles' Compl. at 3, 4, 5.) Moreover, in counts II and III, the plaintiffs also allege that they suffered the "loss of irreplaceable property." (Pl. Frisinas' Compl. at 4 and 5.) (Pl. Lamontagnes' Compl. at 5 and 6.) (Pl. Doyles' Compl. at 5 and 6.)
Before this Court is defendant's motion for summary judgment which is premised on the argument that although these matters present unique issues – the legal status of human pre-embryos,[2] the duties owed to such pre-embryos and their progenitors, and the damages which may flow from their loss or destruction – the plaintiffs have nonetheless failed to state a claim upon which relief may be granted. The defendant contends that, as a matter of law, plaintiffs cannot recover damages for emotional harm based upon alleged loss of the pre-embryos; that it would be unfair and illogical to allow plaintiffs greater rights with respect to a frozen pre-embryo than with respect to a non-viable fetus; that Rhode Island law does not permit recovery for emotional harm resulting from alleged negligent conduct where plaintiffs have not suffered actual or threatened physical harm and have not witnessed physical injury inflicted on a relative; that as a matter of law plaintiffs cannot recover damages for emotional harm resulting from the loss of personal property whether as a result of breach of contract or negligence; and, finally, that plaintiffs' complaints should be dismissed because plaintiffs were specifically informed of, consented to and expressly assumed the risk of any loss or damage to the frozen pre-embryos. In turn, the plaintiffs advance a number of arguments in opposition to the summary judgment motion, including that both public policy and principles of tort law support recognition of plaintiffs' actionable rights in their pre-embryos; that emotional harm without physical manifestations but which is a natural and foreseeable consequence of defendant's negligent conduct, thus ensuring genuineness of the claim, satisfies the policy concerns governing recovery of damages for emotional harm in Rhode Island; that plaintiffs are entitled to a legal remedy for a legal harm even if the harm is strictly emotional harm; and, lastly, that since the legal status of the pre-embryo is unresolved in Rhode Island, the creation of a new body of law to resolve the issue, is required.
Rule 56 of the Superior Court Rules of Civil Procedure empowers a trial justice, upon proper motion, to enter summary judgment in favor of the moving party "if the pleadings depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Thus, it is the trial justice's task to determine the necessity of a trial by identifying genuine issues of material fact in dispute. Capital Properties Inc. v. State, 749 A.2d 1069, 1079 (R.I. 1999); Rotelli v. Catanzaro, 686 A.2d 91 (R.I. 1996). In order to avoid summary judgment, the non- moving party cannot rely on mere allegations or denials in their pleadings and, instead, must by affidavits or otherwise set forth specific facts showing that there is a genuine issue of material fact. Id. at 1080 (citing Bourg v. Bristol Boat Co., 705 A.2d 969 (R.I. 1998)). A trial justice may properly grant summary judgment only when, after review of the evidence in the light most favorable to the nonmoving party, the trial justice concludes that there is no ambiguity and the moving party's claim warrants judgment as a matter...
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