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WRONGFUL DEATH - APRIL MACK, AS THE MOTHER OF BABY MACK V. CARMACK

In April Mack, as the mother of Baby Mack v. Carmack, [Ms. 1091040, Sept. 9, 2011] __ So. 3d __(Ala. 2011), the Supreme Court of Alabama overruled previous decisions and held the Alabama Wrongful Death Act permits an action for the death of a pre-viable fetus. Previously the Supreme Court had held a wrongful death action was not available in circumstances where prenatal injuries caused the death to a fetus before the fetus attained viability. However, in 2006, the Alabama Legislature amended the Alabama Homicide Act to define the term "person" as "human being, including an unborn child in utero at any stage of development, regardless of viability." Ala. Code 1975 ¤ 13 A-6-1 (a)(3). Therefore, the Court overruled its previous holdings and held that the Wrongful Death Act now permits an action for death of a pre-viable fetus.

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