White woman sues sperm bank after she gets wrong color baby

[bdcp]

Their biggest issue really is the fact that the clinic was so poor at record keeping. What if there had been a screening for a genetic problem that they were trying to avoid (Cystic Fibrosis for example) and with this type of mixup they could easily end up with a donor who was a carrier. I think this has been blown up by the media focusing on the color issue when the reality is the clinic was completely negligent. Most women looking for donors are looking for specific looks (usually to match the partner) so the child looks like both parents. And you can't blame anyone for that. There are cases of children being conceived using donors who are never, ever told and would never suspect because they look like and have traits like both parents. Now with the gay couple, obviously the kid would know, but they would still be similar enough to both parents. This is not the first problem with sperm banks that has come out over the years and it won't be the last. It's so unregulated.

 

[bcla]

Suing the sperm bank for damages seems to be like a passenger suing an airline for consequential damages as a result of missing a meeting before potential investors and not getting an investment. It's purely speculative.

 

[mom2rtk]

Suing the sperm bank for damages seems to be like a passenger suing an airline for consequential damages as a result of missing a meeting before potential investors and not getting an investment. It's purely speculative.

Not even remotely close to the same thing. The point of using a sperm bank is the creation of a human being. That puts it in a completely different league.

 

[declansdad]

Suing the sperm bank for damages seems to be like a passenger suing an airline for consequential damages as a result of missing a meeting before potential investors and not getting an investment. It's purely speculative.

Not the same at all. This was a medical mistake not investment advice.

 

[Gracie09]

Not the same at all. This was a medical mistake not investment advice.

agreed. To follow the PP's thoughts though, its more along the lines of placing an order for Disney stock and receiving Universal stock and only finding out when you receive a dividend for the Universal Stock.

 

[bcla]

Not the same at all. This was a medical mistake not investment advice.

Medical malpractice is typically about a concrete result, such as unnecessary follow up surgery, physical pain, etc. If they prevail simply on the basis of the inconvenience of raising a biracial child in their community, then that sets an odd precedent on the value of racial identity.

As has been stated, I'm sure the people living in this community are thrilled to be labelled as ones who may not be accepting of this child.

Or maybe it's me. I grew up on an area where nobody batted an eye with a mixed race kid.

 

[declansdad]

Medical malpractice is typically about a concrete result, such as unnecessary follow up surgery, physical pain, etc. If they prevail simply on the basis of the inconvenience of raising a biracial child in their community, then that sets an odd precedent on the value of racial identity.

As has been stated, I'm sure the people living in this community are thrilled to be labelled as ones who may not be accepting of this child.

Or maybe it's me. I grew up on an area where nobody batted an eye with a mixed race kid.

This is not about the inconvenience of raising a biracial child; it is about a medical procedure that was was not done properly. The clinic failed in it's duty to ensure the proper sperm sample was used and therefore is negligent.

 

[Allison]

Suing the sperm bank for damages seems to be like a passenger suing an airline for consequential damages as a result of missing a meeting before potential investors and not getting an investment. It's purely speculative.

No, it doesn't seem like that at all.

 

[bcla]

This is not about the inconvenience of raising a biracial child; it is about a medical procedure that was was not done properly. The clinic failed in it's duty to ensure the proper sperm sample was used and therefore is negligent.

However, what should be the consequences? That the sperm bank is negligent isn't in question, but rather what's the monetary value of their mistake? The issue that many have with this is About whether or not the legal system should be involved in the value proposition of racial identity.

I mean, would they be suing if the sperm bank provided sperm from a different donor than they requested, but that donor happened to be white?

 

[Allison]

Medical malpractice is typically about a concrete result, such as unnecessary follow up surgery, physical pain, etc. If they prevail simply on the basis of the inconvenience of raising a biracial child in their community, then that sets an odd precedent on the value of racial identity.

As has been stated, I'm sure the people living in this community are thrilled to be labelled as ones who may not be accepting of this child.

Or maybe it's me. I grew up on an area where nobody batted an eye with a mixed race kid.

There is a concrete result.

 

[Wishing on a star]

I can't get past the fact that the biggest racism I am seeing is right in the title of this thread. WOW.....

And, I don't know if this has been mentioned... (have not and will not take the time to read this whole thread.) but, I am in no way assuming that this was a 'mistake'. Not at all. IMHO, this would almost have to be purposeful, and therefore criminal, medical malpractice.

This, IMHO, is what could make this a very very valid lawsuit.

So, in this case, I ALMOST agree with you declansdad!!!!
Until the end of your post...
This is so egregious that IMHO, it would have to more than a 'mistake', or even 'negligence'.

This is not about the inconvenience of raising a biracial child; it is about a medical procedure that was was not done properly. The clinic failed in it's duty to ensure the proper sperm sample was used and therefore is negligent.

 

[bcla]

No, it doesn't seem like that at all.

My analogy was about the financial consequences. An airline isn't responsible for the consequences of failure to get a passenger to a specific place on time. If someone is consistently late to work because a particular bus route is consistently late, that passenger can't sue the bus company for loss of wages for getting docked pay or for getting fired.

In any case, they're going to to press that they're suing based on their perception that their community won't accept this child. I'm sure that this will make them popular at PTA meetings.

 

[sam_gordon]

However, what should be the consequences? That the sperm bank is negligent isn't in question, but rather what's the monetary value of their mistake? The issue that many have with this is About whether or not the legal system should be involved in the value proposition of racial identity.

I mean, would they be suing if the sperm bank provided sperm from a different donor than they requested, but that donor happened to be white?

I'm not a lawyer, nor do I play one on TV. But, IMO...
1) They should have gotten refunded (or not charged) for the procedure.
2) There should be punitive damages because the clinic did not take steps to prevent this from happening. As toward the amount of damages... let's say $100,000 put into a trust fund to pay for this child's college education.

 

[bcla]

I'm not a lawyer, nor do I play one on TV. But, IMO...
1) They should have gotten refunded (or not charged) for the procedure.
2) There should be punitive damages because the clinic did not take steps to prevent this from happening. As toward the amount of damages... let's say $100,000 put into a trust fund to pay for this child's college education.

Again, would they be suing if it was a different donor than they requested, but who happened to be white?

 

[TLSnell1981]

However, what should be the consequences? That the sperm bank is negligent isn't in question, but rather what's the monetary value of their mistake? The issue that many have with this is About whether or not the legal system should be involved in the value proposition of racial identity.

I mean, would they be suing if the sperm bank provided sperm from a different donor than they requested, but that donor happened to be white?

Good points! Elle Woods, you may have just won your case

Although, this isn't the reel world, so I'm sure a jury will award damages. I'm curious to see, if it's appealled and how far it goes.

 

[mom2rtk]

Again, would they be suing if it was a different donor than they requested, but who happened to be white?

There's no way we'll ever know the answer to that.

But if the sperm bank was just selling "white sperm" or "black sperm" they probably needed to disclose that.

 

[minnie mum]

I can't get past the fact that the biggest racism I am seeing is right in the title of this thread. WOW.....

And, I don't know if this has been mentioned... (have not and will not take the time to read this whole thread.) but, I am in no way assuming that this was a 'mistake'. Not at all. IMHO, this would almost have to be purposeful, and therefore criminal, medical malpractice.

This, IMHO, is what could make this a very very valid lawsuit.

So, in this case, I ALMOST agree with you declansdad!!!!
Until the end of your post...
This is so egregious that IMHO, it would have to more than a 'mistake', or even 'negligence'.

WHAAAT?????

Are you actually speculating that the person who retrieved the specimen deliberately reviewed the records of all of the specimens in storage and then deliberately selected a vial containing sperm from a black donor??? Why would anyone go to such lengths?

Or are you speculating that the person responsible for this deliberately just grabbed the first vial that they saw, rather than extracting the one that had been selected and purchased by the claimant? Your scenario requires malicious intent on the person in question. And frankly, seems awfully far fetched.

Its not like each vial has the race of the donor written on it in big bold letters. From what I have read, this situation resulted from a negligent misreading of the ID number on the vial. The recipient had selected a donor with the ID 380. Instead she was inseminated with sperm from a donor with the ID 330.

I think the woman has every right to sue the sperm bank. The negligence is perfectly obvious and the consequences are long reaching. I think punitive damages are definitely in order - I'm actually surprised they aren't asking for more.

 

[Uncle Remus]

Changed the title for clarification.

 

[sam_gordon]

Again, would they be suing if it was a different donor than they requested, but who happened to be white?

I don't know. IIRC, they found out it was the wrong sperm 5 months into the pregnancy. It's possible they thought "we'll roll with it" but then found out it's tougher than they thought.

I don't understand why it's taken two years to bring up the issue, but you can't deny the clinic was negligent.

 

[Lisa loves Pooh]

However, what should be the consequences? That the sperm bank is negligent isn't in question, but rather what's the monetary value of their mistake? The issue that many have with this is About whether or not the legal system should be involved in the value proposition of racial identity.

I mean, would they be suing if the sperm bank provided sperm from a different donor than they requested, but that donor happened to be white?

#1--determining if this facility should remain in business.

Medical errors just are not a thing to accept.

Though I think mom is focusing too much on race, the bottom line is that they did a medical procedure with her utilizing the incorrect biological substance.

By not punishing the facility, they are accepting medical malpractice as an appropriate part of health care.