Unborn Fetus Not a "Child" Under Wrongful Death Statute

Karl Truman

Attorney
(866) 735-1102 Ext 315

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On March 21, 2007, Megan Nelson, was 9 months pregnant with a baby girl. She was driving her car on State Road 10 in Newton County, Indiana. A semi-tractor passing another car hit Megan head-on. Megan and her unborn baby were both killed in the automobile crash.

In addition to a wrongful death claim for his wife Megan, the father also filed a wrongful death claim for his child. The baby was a full-term viable fetus. The Indiana Court of Appeals ruled that although the baby was a viable, full-term fetus, under Indiana law, a fetus is not a child for purposes of the wrongful death statute. The Court therefore dismissed the claim by the father against the truck driver for negligently killing his unborn baby. Ramirez v. Wilson

I think the public would be shocked to know that the State of Indiana places a greater value on unborn livestock than an unborn child! (Unborn livestock is considerd a loss of property for which you can collect damages.)

Fortunatly, in response to this case, organizations such as the Indiana Trial Lawyers Association, successfully pushed to pass legislation to change the definition of a "child" under the wrongful death statute to include "a fetus that has attained viability" so hopfully such an injustice will not happen again.