White woman sues sperm bank after she gets wrong color baby

[Mother Jones]

Anyone else find it odd that lesbians would chose to live in a racist community? If the town is a hot bed for racist, I'm sure there are plenty of homophobes there as well.

s

ol mother finds that a little odd too and i keep wonderin why they would want to live there and be feelin all that hate?

those two need to feel the blessing of having a child and be happy no matter the color. its a gift from above and nuff said

 

[bcla]

ol mother finds that a little odd too and i keep wonderin why they would want to live there and be feelin all that hate?

those two need to feel the blessing of having a child and be happy no matter the color. its a gift from above and nuff said

In the press they're claiming that they're looking to move, but it has to be to a place that's both racially tolerant and that has good schools. Supposedly the damages they seek are to help pay for the move and pay for therapy. However, I don't feel that a court of law should be involved in assessing the value of speculative racial intolerance or that anyone has a specific right to "better schools". I feel that everyone has a right to a quality public education, but I understand that people move into certain areas because the schools are perceived to have better outcomes. However, should the courts be involved in this kind of perception?

 

[gottaluvPluto]

I read an article several years ago about a black couple suing because the sperm bank made a mistake because they ended up with a white baby.

I wonder if the OP would have the same thoughts with racism with the above story?

 

[kidshop]

I read an article several years ago about a black couple suing because the sperm bank made a mistake because they ended up with a white baby.

I wonder if the OP would have the same thoughts with racism with the above story?

White baby? Was it a donated egg and sperm? Otherwise they got the same deal; a biracial baby.

It's the same either way.

 

[mom2rtk]

White baby? Was it a donated egg and sperm? Otherwise they got the same deal; a biracial baby.

It's the same either way.

Not sure if I'm thinking of the same story, but in the one I remember they mixed up frozen embryos.

 

[OurBigTrip]

Some how, I don't believe she would be suing if the error gave her a white baby.

Probably not, because she requested a white baby.

Why would she sue if she had received what she asked for?

 

[declansdad]

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'.

Holy Cow!

What in the world makes you think that this was done on purpose?

 

[bcla]

Probably not, because she requested a white baby.

Why would she sue if she had received what she asked for?

There are posters in this thread claiming that they would sue if they had such a case on the basis of negligence. The gist is that the negligence is in failure to provide sperm from the requested donor and not specifically in the racial makeup of the donor.

This is the specific pleading (the formal cause of action) in the lawsuit, and this pleading doesn't specifically mention race, although it incorporates the background by reference. The background in the lawsuit does mention race, but that would frankly be a losing argument in court.

In accordance with 745 ILCS § 40/3, Defendant warranted to Jennifer Cramblett that it would exercise due care, and follow professional standards of care, in providing her with donor sperm.

Defendant breached its warranty to Jennifer Cramblett by failing to exercise due care, and by failing to follow the professional standards applicable to sperm banks, thereby causing Ms. Cramblett to be artificially inseminated with sperm from the wrong donor.

As a direct and proximate result of Defendant's breaches of warranty, Jennifer Cramblett has suffered personal injuries, medical expense, pain, suffering, emotional distress, and other economic and non-economic losses, and will do so in the future.

 

[bcla]

By the way, I found the specific form that this patient signed.

http://midwestspermbank.com/patient_consent_form.pdf

I. DISCLAIMER OF WARRANTIES.
A. Except as otherwise specifically set forth in this consent, Midwest Sperm Bank hereby disclaims all express and implied warranties INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR USE. In no event shall Midwest Sperm Bank be liable for incidental or consequential damages of any kind to Patient, Facility, or to any child born as a result of therapeutic insemination with Specimens supplied by Midwest Sperm Bank.

V. DISCLAIMERS
A. Midwest Sperm Bank shall not be responsible for, and Patient hereby releases Midwest Sperm Bank and any other laboratory which renders services to Midwest Sperm Bank with respect to the Specimens or the donor(s), and the agents, officers, directors and employees of all of these entities from all liability of any kind or nature with respect to:

4. Any failure of the specimens to produce the characteristics, set forth in the Donor Selection Brochure, in a child born as a result of therapeutic insemination with donor specimens;

VII. INDEMNITY.
Patient hereby indemnifies Midwest Sperm Bank and any other laboratory which renders services to Midwest Sperm Bank with respect to the Specimens or the donor(s), and the agents, officers, directors and employees of all of these entities from and against all loss, liability, damage and expense (including reasonable attorneys' fees) of any kind or nature which any of them may suffer or incur by reason of any claim by any party (including, without limitation, the claim of any child born as a result of therapeutic insemination with the Specimens, or the other relatives of any such child) which arises from, is connected with, or is in any way related to any of:

1. The Specimens and any therapeutic insemination in which they are used;
2. Performance or non-performance of any act to be performed (or not to be performed) by facility;

 

[declansdad]

Changed the title for clarification.

But it still isn't right.

 

[Gracie09]

Probably not, because she requested a white baby.

Why would she sue if she had received what she asked for?

She requested specific sperm. She was not given the sperm she requested, multiple times actually.

 

[TLSnell1981]

But it still isn't right.

 

[bcla]

Ohio Town Trustee Says Biracial Sperm-Mix-Up Baby Welcome
http://www.nbcnews.com/news/us-news/ohio-town-trustee-says-biracial-sperm-mix-baby-welcome-n216866

Census data shows Uniontown, a bedroom community, is 98 percent white, but [Lake Township trustee John] Arnold said the community welcomes diversity. "We have a large Mennonite community and a lot of the members have adopted African-American children and babies from all over the world and those kids have been treated fine," he said. "They obviously have a beautiful, healthy 2-year-old," he said of Cramblett and her partner. "I hope that their perception of how they might be treated in Uniontown is not the reality."

 

[SAMCRO]

I find the term white woman insulting. It should read Caucasian woman!

 

[gottaluvPluto]

I find the term white woman insulting. It should read Caucasian woman!

It really should just say, woman sues sperm bank after she gets the wrong sperm.

 

[Art 1]

I find the term white woman insulting. It should read Caucasian woman!

Oh dear.

 

[usd2bmd]

I feel bad for the kid.

I'm sure they love her but they HAVE to realize that what they are saying is going to have an effect on her!

I'm interpreting her comments as, "Now that I have a mixed race child I am inconvenienced". I can only imagine how the kid feels.

That said, I do feel like they are within their rights to sue.

This is of major concern to me. They want to make sure this doesn't happen to anyone else? so sue the clinic and if you win they have to go electronic with their record keeping.

For the people saying it isn't about raising a biracial child; they made it into that issue.

If I lived in the town I would sue her for insinuating that I am racist.

They sue for the medical mix-up? fine.

They sue because their daughter might encounter racism? I don't know if it was me and I had a biracial child that I "loved unconditionally" as they claim to and am in a town that is not racially diverse and my family is racist, I would pack my stuff and move to a place that will accept us.

 

[mjkacmom]

I suspect they spent a great deal of time choosing a donor. Even if the donor was white, but not the one I selected, I'd sue. This isn't like the car they ordered came in the wrong color. I'm sure, being gay, that they realize that being different isn't always an easy path. Most of us don't want our children to experience a lot of hardships in life.

I always said that I would prefer my children to not be gay, just because that just makes things more difficult. I would love them unconditionally, accept who they are with open arms, but just feel badly about possible discrimination.

My twins know they weren't planned. If I found out that I got pregnant because a clinic gave me placebos instead of bcp, I'd sue. It would not change the love I have for my children - I can't imagine life without them, and I'm sure this couple wouldn't trade their little girl for the world.

I suspect their attorney is pushing the race card, to get more money. BTW, one of my black friends has to go out of town to get her hair done, to her "ghetto hairdresser" (her words, not mine). Fortunately, even though our town isn't very diverse, surrounding towns are, so it's not a problem.

 

[declansdad]

It really should just say, woman sues sperm bank after she gets the wrong sperm.

Exactly.

 

[DawnM]

Yes it should.

I just saw this on CNN. The woman who gave birth was interviewed and said that she was given the wrong sperm. She paid for sperm 330 and was given sperm 390 (I believe those were the numbers.)

She had called to ask about getting more sperm from the same donor.

When the sperm bank realized their error they told her they could no longer speak to her and hung up.

She says that if they had continued to communicate with her and taken responsibility, they may not have gotten a lawyer and sued.

They showed several pictures of the adorable bi-racial child and the parents seem to genuinely love her.

But this is indeed a case of not being given what you paid for and it isn't cheap!

Dawn

It really should just say, woman sues sperm bank after she gets the wrong sperm.