Whenever you have a baby, no matter the process you use to become pregnant, you’re always taking a gamble. But one Mom was shocked by how her baby turned out when the sperm banked mixed up samples.
Jennifer Cramblett from Ohio filed a lawsuit against the sperm bank for being given the wrong sperm, sperm from a black man, but her case has been dismissed.
The lawsuit was filed against Midwest Sperm Bank alleging wrongful birth and breach of warranty. Judge Ronald Sutter threw out the case, reports The Guardian.
The judge told Cramblett she would be able to refile the lawsuit under a negligence claim.
When the mistake was discovered, the clinic offered the couple a partial refund and an apology.
Cramblett says she loves her 3-year-old daughter, but that she was raised around stereotypical views of minorities and that she has “limited cultural competency” with African-Americans.
Sutter said that the case could not proceed under either of those standards.
Midwest Sperm Bank’s attorney Bob Summers argued during the case that “wrongful birth” does not apply if the baby is born healthy, which Cramblett’s daughter was.
“Wrongful birth” cases address cases where medical testing failed to show risks of congenital or hereditary disorders to a child before birth, according to Summers.
Still, Cramblett is going to try and we’ll be following the story as it progresses. If you have a thought or opinion of this Mom, please tell us those thoughts in the comments. Likewise, please SHARE with friends and family on Facebook!
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Mom Files Lawsuit After She’s Impregnated With The Wrong Sperm is an article from: LifeDaily