A lawsuit was filed by Jennifer Cramblett against Midwest Sperm Bank alleging breach of warranty and wrongful birth, after she was given the wrong sperm donation by them. The case has been dismissed. Judge Ronald Sutter threw out the case, The Guardian reports.
The judge told Cramblett she would be able to refile the lawsuit under a negligence claim.
She was told by the judge that she would be able to refill the lawsuit, but under a negligence claim.
According to Daily Mail, due to a clerical error, when Jennifer and Amanda Zinkon, her partner, chose a white sperm donor, Jennifer was impregnated with a black one instead.
When they realized they’ve made a mistake, the bank offered Jennifer a partial refund and an apology.
Jennifer says that while she loves her daughter, who is now 3-year-old, she, herself, has “limited cultural competency” with African-Americans, as she was raised around stereotypical views of minorities.
The bank’s attorney, Bob summers, claims that “wrongful birth” does not apply if the baby is healthy when born, which is Jennifer’s case, unlike cases where medical testings, prior to the birth, fail to indicate and show risks of hereditary or congenital disorders.
The judge, Sutter, agreed with Summer, and dismissed the “wrongful birth” claim.