Death of a Fetus: Mississippi vs. Tennessee

The Mississippi Supreme Court has held that a mother is entitled to bring a wrongful-death claim for the death of a nonviable fetus. 66 Fed. Credit Union v. Tucker, 853 So. 2d 104 (Miss. 2003).  Prior to Tucker, Mississippi’s Wrongful Death Act created a cause of action for “the wrongful death of an unborn child where the fetus was viable at the time of death.” Id. at 108 (citing Sweeney v. Preston, 642 So. 2d 332 (Miss. 1994); Terrell v. Rankin, 511 So. 2d 126 (Miss. 1987); Rainey v. Horn, 221 Miss. 269, 72 So. 2d 434 (1954)).Tennessee wrongful-death claims allow recovery only for unborn children deemed “viable” at the time of death. See Tenn. Code § 20-5-106(d).