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Physicians share concerns over IVF treatments pausing after Alabama court ruling

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Physicians share concerns over IVF treatments pausing after Alabama court ruling


Dr. Beth Malizia, an Alabama physician, went through 12 years of training to provide patients with fertility care. But the doctor and co-owner of Alabama Fertility says her hands are tied after the Alabama Supreme Court issued a decision that frozen embryos are considered children.

The clinic is one of three facilities in the state that have halted in vitro fertilization (IVF) treatments amid concerns that their practices could run into legal troubles.

“Patients come first. That’s what we’re taught all the way through from the time we decide to go into medicine, and this is a decision that sort of takes that away from us,” Malizia said.

“The counsel, our lab director and all the physicians at Alabama Fertility have struggled with this for many hours and some made some really, really hard phone calls over the last couple of days,” said Malizia.

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The clinic has paused all frozen embryo transfers, but will continue new patient visits, other standard fertility care, surgeries and continue care for patients currently on medications who are in the middle of a cycle, Malizia said.

Making calls to patients whose treatment the clinic paused has been “absolutely horrible” and “heart-wrenching,” she said.

Dr. Beth Malizia is interviewed by ABC News’ Elizabeth Schulze.

ABC News

In the ruling, the court said it would open door to civil and potentially criminal lawsuits over the mishandling of embryos. Physicians like Malizia say they are now fearful they could face wrongful death lawsuits — or potentially criminal charges — for discarding unused embryos, a routine part of IVF, or unintentionally mishandling embryos.

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The ruling came as part of a lawsuit filed by couples whose embryos were destroyed after a patient wandered into a fertility clinic and dropped them. The couples tried to file a wrongful death suit, but a lower court had thrown out the case. The state Supreme Court then reversed that decision and set a new precedent that embryos are children.

In a concurring opinion, Alabama Chief Justice Tom Parker – who has a long record of issuing anti-abortion opinions – cited Scripture, writing that “human life cannot be wrongfully destroyed without incurring the wrath of a holy God.”

Among the three fertility providers that suspended IVF treatment is the state’s largest healthcare system, UAB Hospital. Four remaining providers have not suspended IVF treatment.

“We are in a position where we just don’t know what the legal ramifications are of an embryo that gets thawed. Embryos don’t always survive [transfer],” Malizia said.

Signs of more clarity began to surface on Friday, after a week of pushback on the ruling from families trying to conceive through IVF and an outpouring of criticism, particularly from Democrats and moderate Republicans.

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PHOTO: Alabama Fertility, an IVF clinic, is shown in Birmingham, Alabama, on Feb. 23, 2024.

Alabama Fertility, an IVF clinic, is shown in Birmingham, Alabama, on Feb. 23, 2024.

Dustin Chambers/Reuters

Alabama Attorney General Steve Marshall, the state’s top law enforcement official, said he has no intention of “using the recent Alabama Supreme Court decision as a basis for prosecuting IVF families or providers,” the office’s Chief Counsel Katherin Robertson said in a statement Friday.

Alabama Governor Kay Ivey also said Friday that she’s “working on a solution” with Republican colleagues in the House and Senate to pass legislation that would guard IVF treatments in the state.

“Following the ruling from the Alabama Supreme Court, I said that in our state, we work to foster a culture of life. This certainly includes some couples hoping and praying to be parents who utilize IVF,” Governor Kay Ivey said in a statement to ABC News.

But the legal ruling has shown the fragility of IVF treatment in a post-Roe vs. Wade America, where the debate over when life begins has led many abortion rights advocates to speculate that IVF could become collateral damage.

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Some physicians could be deterred from working in fertility in Alabama, said Sean Tipton, chief advocacy and policy officer at the American Society for Reproductive Medicine.

Tipon said physicians in the state are scared. “They are also angry, which is understandable, and they are also tremendously sad for their patients, in part because they don’t know what to tell their patients,” said Tipton.

“Just imagine being a physician who you’ve built your career on being able to help these people have babies, and you spend a lot of time reassuring, explaining, helping them understand and feel better about the process they’re going through — and now you can offer none of that,” Tipton said of physicians.

PHOTO: In this Dec. 20. 2017, file photo, nitrogen tanks holding tens of thousands of frozen embryos and eggs sit in the embryology lab at New Hope Fertility Center in New York.

In this Dec. 20. 2017, file photo, nitrogen tanks holding tens of thousands of frozen embryos and eggs sit in the embryology lab at New Hope Fertility Center in New York.

The Washington Post via Getty Images, FILE

The fallout from the court ruling could spread beyond IVF treatment, Tipton said.

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“I think the first impact with physicians is going to be young physicians choosing not to go there for their training. [And] University of Alabama Birmingham is one of the top public medical schools in the country,” Tipton said.

Tipton said the decision and risk of being sued could also discourage other medical workers, including nurses, from working in fertility clinics in the state; they would likely consider working in other specialties or even leaving the state.

Tipton heavily criticized the decision and its consequences.

“It absolutely makes no sense that people who loudly proclaim themselves to be ‘pro-life’ somehow oppose the use of what is the most ‘pro-life’ medical procedure there is out there. The only thing that in vitro fertilization does is help people have children,” Tipton said.

Patients struggle with news IVF has been paused

Patients interviewed by ABC News shared their heartbreak and concerns over not being able to continue their IVF treatments. For fertility patients in Alabama looking to start or expand their families, the past week has brought a lot of sudden changes to the carefully laid plans often required by the IVF process.

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Gabbie Price, 26, and her husband have been financially planning to begin IVF for over a year, downsizing from a house to a camper van to cut costs and getting a new job because of the fertility benefits.

But their plan to start treatment in March has been halted by the ruling. Price said they’re now exploring options out-of-state because even if they found a clinic in Alabama to handle her care, she would be concerned about the potential liabilities.

“I’m terrified to have embryos here,” Price said at her home in Leeds, Alabama.

“I don’t know what that’s gonna look like, I don’t know what sort of rights we’re going to have over the embryos that we create,” she said.

PHOTO: Alabama IVP patient Gabby Price is interviewed by ABC News' Elizabeth Schulze.

Alabama IVP patient Gabby Price is interviewed by ABC News’ Elizabeth Schulze.

ABC News

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Tucker Legerski and his wife, who live in nearby Tuscaloosa, Alabama, have been trying to have children since they got married in 2021. They began IVF about a year ago.

Their first embryo transfer ended with a miscarriage at eight weeks.

They were planning their second embryo transfer for some time in April, but the court decision upended their plans.

“Those embryos are our best hope for making kids right now. So that’s what hurts the most, I think,” Legerski said.

“If we aren’t able to use those embryos, then we have a much lower chance of having children,” Legerski said.

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Angela Granger, 41, a Georgia resident who traveled to Alabama for IVF treatment to conceive her son, told ABC News she turned to the procedure after an ectopic pregnancy almost cost her one of her fallopian tubes.

Granger, who delivered her son in May 2021, and has been hoping to add another child to her family, decided after the state Supreme Court ruling that she wouldn’t pursue IVF in Alabama. While encouraged by lawmakers who say they will take action to protect the procedure, Granger said she needs to see legislation “in writing” before she is comfortable enough to undergo treatment or even store embryos there.

On Thursday, she was offered a job nearly 2,000 miles west, in Las Vegas, Nevada. She accepted.

“A big part of that is to get out of the south. If I wanted to really push and wait, I’m sure I could find a job down here. But this is just too much. I take it as a sign,” Granger said.



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Funeral set for Alabama firefighter killed in Colorado wildfire (my favorite)

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Funeral set for Alabama firefighter killed in Colorado wildfire (my favorite)


Funeral arrangements have been announced for an Alabama wildland firefighter who was killed while battling a wildfire in western Colorado.

Sydney Watson, 27, of Warrior, Alabama, died June 27 while assigned to the U.S. Wildland Fire Service’s Rifle Helitack crew. She was one of three firefighters killed during a burnover event while conducting initial attack operations on the Knowles Fire near the Colorado-Utah border.

Watson’s family will receive friends from 4 p.m. to 6 p.m. Tuesday, July 7, at Highpoint Community Church, 185 Morris-Cobb Road in Empire. A celebration of life service will begin at 6 p.m.

Fire departments from across the region are expected to honor Watson with an apparatus detail before the service. Participating fire apparatus will stage at the church between 3:30 p.m. and 6 p.m. There will be no procession following the celebration of life, and all participating vehicles are asked to be in place before 4 p.m.

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In lieu of flowers, Watson’s family asks that memorial donations be made to the Wildland Firefighter Foundation or the National Park Foundation in her memory.

Watson was among three wildland firefighters killed while responding to the Knowles Fire on June 27. Federal officials said she and her crew were conducting initial attack operations when they were caught in a fatal burnover. Two other firefighters were injured and continue to recover.

The other firefighters who died were identified as Emily Barker, 38, of Clinton Township, Michigan, and Nick Hutcherson, 27, of Glendale, Arizona.

Following the incident, the Knowles Fire merged with several other fires to become the larger Snyder Fire along the Colorado-Utah border.

A serious accident investigation remains underway to determine what led to the deadly burnover.

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U.S. Wildland Fire Service Chief Brian Fennessy previously said the firefighters “embodied the courage, professionalism and selflessness that define the wildland fire service” and made the ultimate sacrifice while protecting others.



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5-Star OL commits to Texas over Alabama and others

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5-Star OL commits to Texas over Alabama and others




Ismael Camara has announced a verbal commitment to the Texas Longhorns.

Camara is an extremely talented 2027 five-star offensive lineman prospect, and he currently attends Gilmer High School in Texas. His decision leaves the Tide with one offensive lineman commit in Stafford Willis.

The Longhorns beat out Alabama, LSU, Oregon, SMU, Texas A&M and others to snag a commitment from Camara. The Crimson Tide hosted Camara during the spring, and Alabama’s offensive line coach Adrian Klemm once had the Tide trending with Camara.

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“Coach Klemm has three Super Bowl rings as a player and has coached at the highest levels,” Camara said while previously discussing Klemm. “He is someone I look up to because he has been where I want to go. He runs his offensive line room like an NFL offensive line room because that is what he knows and where he is from. I think the best way to sum up our relationship is respect.”

It is likely Alabama will end this cycle with only one offensive lineman commit in what is expected to be a small class.







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Thousands attend Alabama concert at West Virginia America 250 celebration – WV MetroNews

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Thousands attend Alabama concert at West Virginia America 250 celebration – WV MetroNews


Photo: 96.1 KWS host Robb Reel

CHARLESTON, W.Va. –An estimated 30,000 fans packed the State Capitol grounds Friday night for a concert by country band Alabama, according to officials.

The band, known for hits such as “Mountain Music,” “Dixieland Delight” and “Song of the South,” headlined West Virginia’s America250 celebration.

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The band formed in Fort Payne, Alabama, in 1969 when Randy Owen and his cousin Teddy Gentry were joined by another cousin, Jeff Cook.

Earlier in the evening, West Virginia native Philip Bowen opened for Alabama.

The celebration continues through Sunday.

A full schedule can be found at wvtourism.com/america250.

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