Posted on 09/04/2015 6:01:43 AM PDT by rochester
An Ohio woman's lawsuit alleging a Downers Grove sperm bank error that led to the birth of her biracial daughter has been thrown out of court.
A DuPage County judge Thursday dismissed the lawsuit against Midwest Sperm Bank, saying the woman's wrongful birth claim and breach of warranty were not viable claims under state law. The suit, originally filed last November in Cook County, was refiled in DuPage County in March.
Judge Ronald Sutter then gave attorneys for Jennifer Cramblett of Uniontown, Ohio, 14 days to refile the lawsuit as a negligence claim.
Thomas Intili, a Dayton, Ohio attorney representing Cramblett said they agreed that a negligence claim was more appropriate and would move forward.
"The wrongful birth claim and the breach of warranty claim were determined to be not consistent with Illinois Law so we will submit our amended complaint, which we expect the court will then consider," Intili said outside of court Thursday. "We are considering additional claims as well."
According to the original 11-page filing, Cramblett was impregnated through artificial insemination in December 2011. It wasn't until Cramblett, who is white, was five months pregnant that she learned she was accidentally impregnated with the sperm of a black man.
Cramblett learned of the mix-up when she called to reserve additional vials from the same donor so her partner, Amanda Zinkon, 30, also could become pregnant.
The original lawsuit alleges that the mistake was a result of handwritten records, rather than electronic records that would have made the error easier to catch.
Cramblett and Zinkon selected donor No. 380 after reviewing the man's 23-page profile in August 2011, but were instead given sperm from donor No. 330, according to the lawsuit.
The mistake was discovered in April 2012 when Cramblett called the facility to order several more vials from donor No. 380 and was told she was impregnated by donor No. 330.
Cramblett received a letter from the clinic the following month apologizing for the mix-up and a check, reimbursing her for the additional incorrect vials she received in September 2011, according to the suit.
Attorney Robert Summers, who represented the sperm bank Thursday, was not immediately available to comment on the ruling.
The case is due back in court Dec. 17.
Lesbians and Leftist are just racists. This proves it.
#Blackspermmatters
I can’t believe the judge didn’t offer to have the baby executed. Surely there’s a PP nearby that would do the job in exchange for the parts.
The irony runs deep in this one
She’ll never go back.
picked the wrong turkey baster, eh Butch???
If you want the job done right, you have to do it yourself! Oops, oh, never mind...
Poor kid. His natural mother is useless, an natural father is a test tube.
Houston, we have a problem
A baby was born to a lez
“I’ll sue!” is what the new momma says
The kid was full term
But an error with sperm
Made the baby look just like the Prez
I see a Dave Chappelle skit in this story.
On the other hand I have always believed sperm banks are immoral.How is it anything but commercialized adultery?re some will say”but what about childless couples?”
Doesn’t change the FACT that a third party is being introduced into the marriage.
That would be too harsh. He could have simply asked for a post partum abortion.
Can she still sell the baby for parts?
The best way to ensure you receive the proper baby juice is to get it straight out of the dispenser...but I guess this isn’t an option for a lesbian. This is like pressing the Sprite button on the machine and getting a Coke...you pays your money and takes your chances.
HA! You pays your money, you takes your chances...
I need to get a limerick blocker app. ;)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.