From: Rafal Smigrodzki (rms2g@virginia.edu)
Date: Fri Jan 03 2003 - 09:15:42 MST
Jeff Davis wrote:
> For the Raelians, I'm thinkin' a criminal charge of
> "reckless endangerment/disregard for human life",
> independent of the condition of the child, based on
> problems observed in non-human cloning. Plus an
> accompanying civil suit for support and medical care
> for the lifetime of the child, plus punitive damages.
> Clonaid is probably a separate legal entity from the
> Raelians, so the criminal and civil actions should
> charge both, as co-defendants. Everything depends on
> the jurisdiction. Since the reports indicate the
> Raelian 'clinic' is in South Korea, it would help to
> know something about South Korean law.
>
### Not being a lawyer, my opinion here might of little value, however, I
feel that your call for legal action is unwarranted. AFAIK, reckless
endangerment cannot be defined unless there is a sufficient body of evidence
regarding the behavior in question, and we have no data to qualify cloning
as endangering the child - the problems from non-human cloning are perhaps
suggestive but not necessarily sufficient. I'd think that a lawyer with
experience in cases based on wrongful birth, as well as civil liability in
pharma industry, would have to provide us with information on the current
state of legal thinking here. Also, liability for support and medical care
would arise only if the child is indeed sick, and there is sufficient
evidence that the cloning procedure resulted in it. Punitive damages also
cannot be too liberally applied, usually gross negligence or malice are
necessary before they are awarded.
Deviation from the principles I alluded to above, especially the need for
sufficient evidence, questions of informed consent and liability of the
parents, is a very bad idea - there are counties where women are deprived of
obstetrical care as a result of frivolous lawsuits against physicians. To
support the starting the war on cloning using these legal weapons, is like
calling for the use of nuclear weapons to eradicate highway speeding - might
be somewhat effective, but the fallout could be more than you are bargaining
for.
Rafal
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