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Thera is little to be said in auppost of the trial court's
order, and there is no basis in law to sustain Garwood's attempt
to maintain a cause of action for the wrongful death of a
stillborn fetus.
(1) Mich regard to the question of whether a cause of
action can De maintained for the death of a stillborn fetus, we
quite recently held that ao such cause of action exists under
Florida's ~trongful Death Bret. Duncan v. Plyan, 358 So.2d 178
(Fla. 1978)= Stern v. Miller, 348 So.2d 303 (Fla. 1977). In an
attempt to maintain her lawsuit nonetheless, Garwood charts a
course between the Scylla of these decisions and the Charybdis of
the trial court's invalidation of the statute (for Garwood
properly coacsdes that there is ao basis for a wrongful death
suit outside the wrongful death statutae). Garraod argues,
asaeatially, that w should construe the wrongful death statute
exactly opposite to the way w construed it is Duncan and Stern,
and thereby overcome its constitutional infirmities.
No legislative alteration of the statue has taken place
since we-announced our uaderatandiaq of what the legislature said
and meant when the statute was passed. Fie decline to reconsider
our earlier analysis. Moreover, w reject the trial court's
analysis oa both constitutional issues. The statute is no way
violates the equal protection clause of the United States
Constitution, see Roe v. Wade, 410 U.S. 113 (1973)(the word
'person' as used in the fourteenth amendtant does not include the
uabora), and our previous decisions in Stern and Dnncaa negate
the trial court's invalidation of the statute as a denial of
access to the courts_
(2) with regard to the trial court's findiaq that
Florida's medical mediation statute is unconstitutional as to
claims filed before rre declared it unconstitutional, we need only
reiterate what we said before. tihen we struck down the medical
mediation statute earlier this year in 1-ldana v. Holub, 381 So.2d
231 (Fla. 1980), wa made it abundantly clear that our
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