A few days ago, I discussed pre-natal torts in my class. Among many other things we talked about whether a jurisdiction should recognize a cause of action for the wrongful death of a fetus. In some states this question has been decided by statute, while in others it depends on the interpretation of the word "person" in wrongful death statutes that recognize a cause of action for the wrongful death of a person.
Here is a link to an article in the New York Times about a constitutional amendment facing voters in Mississippi on Nov. 8, and similar initiatives brewing in half a dozen other states including Florida and Ohio, that seek to declare a fertilized human egg to be a legal person. It has been argued such an amendment would effectively brand abortion and some forms of birth control as murder. For the same reason, it could have an effect on the interpretation of wrongful death statutes and affect the outcome of other pre-natal tort type claims.
Thanks to Christine Livingood for the link.