CLEVELAND — An Ohio appellate court has ruled against a Northeast Ohio couple who filed a lawsuit against University Hospitals in the fertility clinic failure case.
Wendy Penniman and her husband Rick wanted the court to rule the embryos were human lives.
"Why is there no legislation? Why are there no rules? Why is there no regulations in these cryogenic freezers that are holding people's futures," asks Wendy.
The Court of Appeals ruled that a standalone embryo is not a distinct human entity, which means under Ohio law has no protections and rights of a person.
The Pennimans believe if these embryos were considered life, the regulation and maintenance would be better.
"As long as you don't slap a reproductive label on a tank then it doesn't need to be regulated and this could've been avoided," says Rick.
This case appears to be a first of its kind in Ohio.
The Pennimans are one of more than 70 plaintiffs to sue after the University Hospital disaster a year ago destroyed 4,000 eggs and embryos.
"It's life changing," says Wendy. "I think that's what we're doing, is advocating for the future that's gone for not only us two, for the other families but for our kids too, that don't even know what they've yet lost."
University Hospitals released a statement in response to the ruling saying, "We agree with the Court of Appeals' decision to apply settled Ohio law with regard to embryos in the context of this case."
The Pennimans plan to take their fight to the state supreme court.