Under the Alabama decision, an IVF clinic can now be sued for “wrongful death” whenever they dispose of excess embryos.

I think it's worse than that. The plaintiff in a wrongful death suit is the parent. The parents who consent to the destruction of their embryos are not going to sue over it. The fear is that the Court may graft the holding of this case onto the criminal definition of "person," making both the IVF provider and the parents who ordered the hit criminally liable. That's why the A.G. was so quick to say he wouldn't prosecute such a case, and the emergency statute protects those "providing or receiving" IVF services from criminal liability.

The case causing all this trouble (LePage) involved the negligent destruction of embryos, and the Court was trying to find a way to compensate the parents for their loss. The result is not offensive, but the legal fall-out is. Hard cases make bad law.