White woman sues sperm bank after she gets wrong color baby

[Bluestars]

I know a white lady who adopted an African American boy. She ended up moving to a more racially diverse area specifically for her son.

I also know someone who took a lot of time to choose an egg donor with specific traits that were similar to her own. If a couple would like a child similar to themselves, then that's what they want and I don't think it's racist.

What I don't think the woman should have done is made the entire ordeal public. Her daughter might someday have issues because of it. The clinic was negligent and should pay a settlement, but hopefully this public case won't cause stress for the little girl when she gets older. If my parents sued a clinic because they got me as their child, I would probably think they thought something was wrong with me.

 

[declansdad]

However, is there a right to a particular outcome? Maybe I've got it wrong, but it sounds to me as if the participants in this thread understand that the sperm bank can't be held liable if a child has a birth defect, or if the characteristics of the child aren't what the recipient had in mind (donor had blonde hair but the child ended up with red hair).

If the mother had simply stated that the cause of action was the mistake of the sperm bank was the sole cause of action without any background of her family and her community in regards to race, hardly anyone would think she didn't have a good cause of action. However, that she's citing racial intolerance as a reason why she should be able to extract sizable damages is what I (and apparently many others) find objectionable.

And frankly I've seen pictures of the kid. If someone showed me one without my having read about this case, I'd think she was a white kid with curly hair.

I'm also wondering if the community doesn't have a good cause to file a class action defamation suit against her. I wouldn't be surprised if this lawsuit hasn't depressed property values in the area or people living in the community being made to feel uncomfortable by others.

Yes you have it wrong.

 

[bcla]

Yes you have it wrong.

Wrong on what? I basically asked if it turned out the kid had red hair (and the donor was blond) or if the kid had a birth defect, could the parent sue? Is the sperm bank strictly liable for the outcome?

In any case, she's not bolstering her case by being so whiny. Basically her argument about why she should be getting damages is that "We didn't sign up for this". Guess what, there's a lot of things that people never signed up for. I've spent money on issues that I didn't imagine I'd need to spend raising a child.

If this case goes to a jury, I wouldn't be surprised if she won on the basis of contract law, but the jury just sticks it to her with only nominal damages.

 

[wilkeliza]

Wrong on what? I basically asked if it turned out the kid had red hair (and the donor was blond) or if the kid had a birth defect, could the parent sue? Is the sperm bank strictly liable for the outcome? In any case, she's not bolstering her case by being so whiny. Basically her argument about why she should be getting damages is that "We didn't sign up for this". Guess what, there's a lot of things that people never signed up for. I've spent money on issues that I didn't imagine I'd need to spend raising a child. If this case goes to a jury, I wouldn't be surprised if she won on the basis of contract law, but the jury just sticks it to her with only nominal damages.

Birth defects and hair color are very different than race. You can't guarantee anyone what gender, sexual orientation, hair color, eye color etc their child will be and no one is ever 100% sure the child will be 100% healthy. However outside of a donor lying or being unaware of their own family history you can control ethnicity pretty accurately.

 

[bcla]

Birth defects and hair color are very different than race. You can't guarantee anyone what gender, sexual orientation, hair color, eye color etc their child will be and no one is ever 100% sure the child will be 100% healthy. However outside of a donor lying or being unaware of their own family history you can control ethnicity pretty accurately.

People can lie about their backgrounds, it's mentioned in the agreement to accept a specimen, and frankly a sperm bank shouldn't be held liable because that's beyond their control. I mentioned the possibility of a donor having at least some African ancestry and perhaps the sickle cell gene who may be able to be passed off as Caucasian or who believes himself to be Caucasian. Could such a parent be able to sue?

I don't see anyone who doesn't think the sperm bank screwed up, but the parent in this case isn't doing herself or her child any favors with the way she's portraying her family, herself, or her community. She seems to want to have the sperm bank pay for her inability to adjust emotionally to raising this child.

 

[Lisa loves Pooh]

People can lie about their backgrounds, it's mentioned in the agreement to accept a specimen, and frankly a sperm bank shouldn't be held liable because that's beyond their control. I mentioned the possibility of a donor having at least some African ancestry and perhaps the sickle cell gene who may be able to be passed off as Caucasian or who believes himself to be Caucasian. Could such a parent be able to sue?

I don't see anyone who doesn't think the sperm bank screwed up, but the parent in this case isn't doing herself or her child any favors with the way she's portraying her family, herself, or her community. She seems to want to have the sperm bank pay for her inability to adjust emotionally to raising this child.

It was the WRONG SAMPLE. Which part of contract violation do you not understand. They guaranteed A but gave her B instead. How the baby turned out is actually somewhat irrelevant. The medical error deserves more than just a refund and an "oops my bad".

The clauses you are citing doesn't excuse their giving her what she did not choose.

 

[wilkeliza]

People can lie about their backgrounds, it's mentioned in the agreement to accept a specimen, and frankly a sperm bank shouldn't be held liable because that's beyond their control. I mentioned the possibility of a donor having at least some African ancestry and perhaps the sickle cell gene who may be able to be passed off as Caucasian or who believes himself to be Caucasian. Could such a parent be able to sue? I don't see anyone who doesn't think the sperm bank screwed up, but the parent in this case isn't doing herself or her child any favors with the way she's portraying her family, herself, or her community. She seems to want to have the sperm bank pay for her inability to adjust emotionally to raising this child.

If you actually read my entire post the last sentence specifically references that! What you are debating about is not what happened in this case and that is fact. The donor did not lie or have unknown history! The sperm bank gave them the wrong sample. Once that happened they can use whatever tactic they want to prove damages and this couple chose the emotional psychological route.

 

[bcla]

It was the WRONG SAMPLE. Which part of contract violation do you not understand. They guaranteed A but gave her B instead. How the baby turned out is actually somewhat irrelevant. The medical error deserves more than just a refund and an "oops my bad".

The clauses you are citing doesn't excuse their giving her what she did not choose.

You suppose she's still suing if it was a wrong donor, but a white guy with brown hair? The gist of the lawsuit is "I got a mixed-race baby out of this and I can't deal with it!" There are a lot of characteristics that parents are trying to achieve via a sperm donor, but I frankly don't see this woman suing if perhaps there was a mistake where the donor was shorter, had a different hair color, etc, but where he was still white.

I'm not talking about liability, because I concede that the sperm bank should be liable for this error. However, I don't feel she should be awarded any substantial damages because her lawsuit is nearly completely based on her perceptions of how her family and community are accepting the child. If I were her family members or members of her community, I'd be lining up to testify at trial about how wrong she is.

 

[wilkeliza]

You suppose she's still suing if it was a wrong donor, but a white guy with brown hair? The gist of the lawsuit is "I got a mixed-race baby out of this and I can't deal with it!" There are a lot of characteristics that parents are trying to achieve via a sperm donor, but I frankly don't see this woman suing if perhaps there was a mistake where the donor was shorter, had a different hair color, etc, but where he was still white. I'm not talking about liability, because I concede that the sperm bank should be liable for this error. However, I don't feel she should be awarded any substantial damages because her lawsuit is nearly completely based on her perceptions of how her family and community are accepting the child. If I were her family members or members of her community, I'd be lining up to testify at trial about how wrong she is.

I believe she would have and could have asked for just as much. Like I've always said I guarantee this is the lawyers doing to try and get them the most money possible as the lawyer gets paid at a percentage based rate.

 

[bcla]

I believe she would have and could have asked for just as much. Like I've always said I guarantee this is the lawyers doing to try and get them the most money possible as the lawyer gets paid at a percentage based rate.

Of course one can always ask, but there's a lot of lawsuits that go nowhere even though the plaintiff asked for big money. The real question is about whether or not she could persuade a jury, since I can't imagine a bench trial for this case.

I she was truly concerned with the future of her family, she would have been better off not filing this suit. If it ever goes to trial, she is going to get savaged by the defense.

 

[Lisa loves Pooh]

You suppose she's still suing if it was a wrong donor, but a white guy with brown hair? The gist of the lawsuit is "I got a mixed-race baby out of this and I can't deal with it!" There are a lot of characteristics that parents are trying to achieve via a sperm donor, but I frankly don't see this woman suing if perhaps there was a mistake where the donor was shorter, had a different hair color, etc, but where he was still white.

I'm not talking about liability, because I concede that the sperm bank should be liable for this error. However, I don't feel she should be awarded any substantial damages because her lawsuit is nearly completely based on her perceptions of how her family and community are accepting the child. If I were her family members or members of her community, I'd be lining up to testify at trial about how wrong she is.

While I agree that the outcome affected her decision to litigate--she found out before the baby was born.

But the whole "we don't guarantee the outcome" went out the window once they committed the medical malpractice of using the wrong sample.

Kinda like how Walmart is trying to blame Tracey Morgan's lack if a seatbelt. His lack of a seatbelt didn't cause the accident.

This baby was not produced from the correct sample and that is solely the fault of the bank. And like it or not, I do agree with punitive damages. Because while she is a healthy baby--what ensures that they have a proper chain of command for ALL samples. What prevents them from letting the wrong sample through that was actually unsuitable for the bank--but a mislabel allowed it to stay.

So I totally support punitive damages even though I do agree she would be less likely to sue if the baby was Caucasian. But that still doesn't absolve the bank for failing to honor the contract as signed.

 

[okeydokey]

Of course one can always ask, but there's a lot of lawsuits that go nowhere even though the plaintiff asked for big money. The real question is about whether or not she could persuade a jury, since I can't imagine a bench trial for this case.

I she was truly concerned with the future of her family, she would have been better off not filing this suit. If it ever goes to trial, she is going to get savaged by the defense.

There is no doubt in my mind that she is going to win the lawsuit. The sperm bank made a mistake and were very clearly at fault. It's an easy win actually.

 

[bcla]

There is no doubt in my mind that she is going to win the lawsuit. The sperm bank made a mistake and were very clearly at fault. It's an easy win actually.

If it goes before a jury, I wouldn't be surprised to see so-called "nominal damages" awarded. It could easily be a question of "do they deserve money just because they can't handle it?"

Frankly I see the sperm bank or its insurance company settling before it gets to that point, since that's pretty common. However, the mom is going to be looking at this case in the rearview mirror knowing that she just alienated her family even further, and any community that they might move into is going to see her with distrust after she publicly badmouthed the last place they lived.

 

[Ceila]

If it goes before a jury, I wouldn't be surprised to see so-called "nominal damages" awarded. It could easily be a question of "do they deserve money just because they can't handle it?"

Frankly I see the sperm bank or its insurance company settling before it gets to that point, since that's pretty common. However, the mom is going to be looking at this case in the rearview mirror knowing that she just alienated her family even further, and any community that they might move into is going to see her with distrust after she publicly badmouthed the last place they lived.

Or, they very well may welcome them, knowing that they left a bunch of racists to move someplace more tolerant.

As for the case itself, you really seem to be lacking in an understanding of how the legal system works. Others have pointed that out, so I won't reiterate those points.

 

[bcla]

Or, they very well may welcome them, knowing that they left a bunch of racists to move someplace more tolerant.

As for the case itself, you really seem to be lacking in an understanding of how the legal system works. Others have pointed that out, so I won't reiterate those points.

I've heard of plenty of cases where the plaintiff won technical grounds, but a jury decided to award $1 because they felt the plaintiff didn't deserve it. I heard the $3 (treble damages) check that the NFL paid to the USFL for antitrust violations was never cashed. They were essentially telling them that maybe the NFL tried to keep you down, but you don't deserve more than that because your business model sucked.

Additionally, it's her claim that she lives in an intolerant community. She probably researched it four ways to Sunday and nobody twisted her arm to get her to move there. And right now there are people living in her community explaining to their friends and coworkers that she's off her rocker. I pointed to the interview with the township trustee defending his neighbors against her allegations.

 

[Kimberlyann11]

I've heard of plenty of cases where the plaintiff won technical grounds, but a jury decided to award $1 because they felt the plaintiff didn't deserve it. I heard the $3 (treble damages) check that the NFL paid to the USFL for antitrust violations was never cashed. They were essentially telling them that maybe the NFL tried to keep you down, but you don't deserve more than that because your business model sucked.

Additionally, it's her claim that she lives in an intolerant community. She probably researched it four ways to Sunday and nobody twisted her arm to get her to move there. And right now there are people living in her community explaining to their friends and coworkers that she's off her rocker. I pointed to the interview with the township trustee defending his neighbors against her allegations.

I grew up in a racist little town. If they got called out as being racist, they would clutch their pearls and cry about it too. Very few people fess up to being racist.

 

[mjkacmom]

I grew up in a racist little town. If they got called out as being racist, they would clutch their pearls and cry about it too. Very few people fess up to being racist.

Yep. I have no doubt that what she says about her town is accurate. When I graduated from college, I got a job hiring security guards for urban areas, and most were black. They would tease me when they found out where I lived, saying they wouldn't even drive in my town, fearing they'd be pulled over.

Racism still exists, unfortunately.

 

[cassandrap83]

are you purposely trying to spark a race debate? The title of the thread is extremely inflamatory and wrong.

The woman is white and wanted a white donor and she didn't get it, give you a break why? I think the woman is well within her rights, she is white and so is her partner and they wanted a white child there is nothing wrong about that.

Why don't you give everyone a break and stop the race bating.

exactly

 

[DopeyDame]

I'm so confused by people who say all she deserves is a refund.

Most likely, if she had had a white baby, she wouldn't have even known it was the wrong sample. But something obvious happened that alerted the couple to the fact that a wrong sample was used.

That's medical malpractice, plain and simple.

If a doctor performed surgery on your left knee, when it was your right knee that was injured, would you say "oh well, just give me a refund of the what I paid and all will be well?"

 

[ericstac]

I'm so confused by people who say all she deserves is a refund.

Most likely, if she had had a white baby, she wouldn't have even known it was the wrong sample. But something obvious happened that alerted the couple to the fact that a wrong sample was used.

That's medical malpractice, plain and simple.

If a doctor performed surgery on your left knee, when it was your right knee that was injured, would you say "oh well, just give me a refund of the what I paid and all will be well?"

What I saw when it came out was that around 5 months pregnant they decided to get more from the same donor and thats when the sperm bank saids oops we gave you 380 instead of 330 and yeah I agree a refund isnt cutting it. they screwed up pretty hard here race or not and now they need to pay up.