The case concerned an ex-spouse’s right to withdraw consent to the use of an in vitro embryo that had been created during the marriage. Neither ex-spouse was genetically related to the embryo. S.H. v D.H. is the first appellate consideration of how the Assisted Human Reproduction Act and its regulations govern the use of embryos.
Paul Pape, Shantona Chaudhury and Cristina Senese successfully appealed MDS’ entire $25M award. The main issue concerned the interpretation of an exclusion clause in