A judge Thursday dismissed a lawsuit filed by an Ohio woman against a west suburban sperm bank whose clerical error resulted in the birth of her mixed-race daughter.
DuPage County Judge Ronald Sutter tossed the suit after lawyers for Midwest Sperm Bank argued that the woman's claims lacked legal merit. But the judge said Jennifer Cramblett of Uniontown, Ohio, could refile her lawsuit under a negligence claim.
Downers Grove sperm bank seeks dismissal of case involving biracial child
Cramblett, who did not attend Thursday's hearing, filed suit last year against the Downers Grove-based sperm bank alleging wrongful birth and breach of warranty following the birth of her daughter, who is of African-American ancestry.
Cramblett and her same-sex partner purchased sperm with the understanding that it was from a Caucasian donor, but later discovered that the sperm bank had sent material from an African-American donor. The mistake was caused by a clerical error, and the bank later issued an apology and a partial refund.
Cramblett, who is white, said she loves her daughter, Peyton, 3. But Cramblett was raised around stereotypical attitudes about people of color, she said, and she has "limited cultural competency" around African-Americans.
However, the judge ruled Thursday that her suit could not proceed under either standard alleged.
Attorney Bob Summers, representing the sperm bank, argued that Cramblett's claim of "wrongful birth" could not be legally sustained in a case where a healthy child was born. "Wrongful birth" cases are meant to address situations where parents say medical testing was negligent and failed to show risks of congenital or hereditary disorders to a child before birth, he said.
PDF: Read the lawsuit against Downers Grove sperm bank
The judge agreed and dismissed that claim. A few minutes later, Sutter dismissed Cramblett's claim that the sperm bank's error amounted to a "breach of warranty" under a state law covering blood and tissue donations.
Attorney Lynsey Stewart, also representing the sperm bank, argued that the Illinois Blood and Organ Transaction Liability Act was never intended to address situations like Cramblett's. The statute limits the liability of hospitals and other providers in the event they unknowingly provide a recipient with bad tissue or blood, she argued.
Cramblett's attorney, John Ostojic, argued that the law should not be construed so narrowly, but Stewart said the act specifically address many types of medical donor situations and clearly omits sperm donations.
Sutter agreed, and said he had done some research that led to a definite conclusion: "Sperm is not tissue," he said.
The case is due back in court Dec. 17.
http://www.chicagotribune.com/subur...-sperm-bank-suit-met-0904-20150903-story.html
DuPage County Judge Ronald Sutter tossed the suit after lawyers for Midwest Sperm Bank argued that the woman's claims lacked legal merit. But the judge said Jennifer Cramblett of Uniontown, Ohio, could refile her lawsuit under a negligence claim.
Downers Grove sperm bank seeks dismissal of case involving biracial child
Cramblett, who did not attend Thursday's hearing, filed suit last year against the Downers Grove-based sperm bank alleging wrongful birth and breach of warranty following the birth of her daughter, who is of African-American ancestry.
Cramblett and her same-sex partner purchased sperm with the understanding that it was from a Caucasian donor, but later discovered that the sperm bank had sent material from an African-American donor. The mistake was caused by a clerical error, and the bank later issued an apology and a partial refund.
Cramblett, who is white, said she loves her daughter, Peyton, 3. But Cramblett was raised around stereotypical attitudes about people of color, she said, and she has "limited cultural competency" around African-Americans.
However, the judge ruled Thursday that her suit could not proceed under either standard alleged.
Attorney Bob Summers, representing the sperm bank, argued that Cramblett's claim of "wrongful birth" could not be legally sustained in a case where a healthy child was born. "Wrongful birth" cases are meant to address situations where parents say medical testing was negligent and failed to show risks of congenital or hereditary disorders to a child before birth, he said.
PDF: Read the lawsuit against Downers Grove sperm bank
The judge agreed and dismissed that claim. A few minutes later, Sutter dismissed Cramblett's claim that the sperm bank's error amounted to a "breach of warranty" under a state law covering blood and tissue donations.
Attorney Lynsey Stewart, also representing the sperm bank, argued that the Illinois Blood and Organ Transaction Liability Act was never intended to address situations like Cramblett's. The statute limits the liability of hospitals and other providers in the event they unknowingly provide a recipient with bad tissue or blood, she argued.
Cramblett's attorney, John Ostojic, argued that the law should not be construed so narrowly, but Stewart said the act specifically address many types of medical donor situations and clearly omits sperm donations.
Sutter agreed, and said he had done some research that led to a definite conclusion: "Sperm is not tissue," he said.
The case is due back in court Dec. 17.
http://www.chicagotribune.com/subur...-sperm-bank-suit-met-0904-20150903-story.html
