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.
Seems to me there is clearly a cause of action, the tough question is what damages would be allowed and how do you compute them?
Why would it matter? If it is acceptable for lesbians to impregnate themselves with donated sperm to conceive children outside of any traditional gender roles/actions heretofore necessary to produce offspring/raise children, then how can the race of the sperm and resultant offspring be pertinent?
One more black child without a father. Just what we needed.
Poor child. Mentally ill mother. Absent father, great way to start life.
The kid will probably grow up to be president.
oops wrong thread.
Everyone will look at the child and parents and know one of them cheated.
Good one!
A couple carpet munchers used the wrong turkey baster? Oh well.
Funny!
Oh, I am sooo lucky I wasn’t taking a big old gulp of coffee when I read that!
Black Sperm Matters
Oh for Christ’s sake, “Caucasian” is NOT ANALOGOUS to “African American”. WTF passes for education theses days?
Caucasian is analogous to Negroid.
African American is analogous to European American.
And furthermore, every human being having Negroid anthropological physical characteristics is NOT A FREAKING “African American”.
The world has almost become to stupid to bear.
LMAO!
LMAO!!!!!!!
Nice!
Give that writer a genius grant!
Ah, but was it delivered by an Indian Doctor, a south sea Islander nurse, in a hospital room built by American Irish workers?
Not only deep but delicious! Couldn’t the technician see that the little swimmers were black?
Oh, they all are the same color? Never mind.
Racist Queers, a new protected class.
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.