Ohio woman sues sperm bank after racial mix-up

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At five months pregnant, Jennifer Cramblett and her same-sex partner, Amanda Zinkon, learned that Cramblett had been inseminated with the wrong sperm, and that the donor was of a different race.

Two years later, they love their daughter unconditionally." But even that bond hasn't been enough to protect them from the emotional and social challenges they admittedly, were not prepared for.

Last week, Cramblett sued Midwest Sperm Bank with the goal to force them to change the policies that led to the mix-up and to obtain the funds her family needs to receive ongoing counseling and relocate to a more diverse community.

I can understand them wanted to sue, but two years later? Not that it makes up for it, but the couple did get all their money back.

For full article -

http://www.cnn.com/2014/10/02/us/sperm-bank-race-lawsuit/index.html

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Type: Question • Score: 17 • Views: 5,292 • Replies: 86

@Linkat,

I agree with this suit, I think the Sperm bank should pay damages. I don't see why the two years has anything to do with it (especially since they probably didn't have time to file a lawsuit with a new baby).

The Sperm Bank was negligent and caused inconvenience to this couple. They should pay to help with the adjustment.

1 Reply

@Linkat,

I agree with Max.

Not sure why you think the two year wait is significant. Maybe it took them that long to realize the impact of the error.

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@Linkat,

I don't get the "ongoing counseling and relocate to a more diverse community." They need to move to a more diverse community? What wrong with the community they are already living in?

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@Baldimo,

I listened to a radio interview with one of the women last night.

Apparently they live in a town of about 400 (?) in very rural Ohio. Apparently there are no other mixed race people there. They are concerned about how their child will be treated there. Given some of my experiences in rural Ohio I can believe that.

1 Reply

@Baldimo,

I grew up in an interracial family and I understand this perfectly. Being the only person who looks like you is very difficult for a child, and being in a racially homogeneous neighborhood as the only interracial family is sometimes uncomfortable.

There are neighborhoods where I would feel very uncomfortable raising my family.

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@maxdancona,

I have interracial children and we have never had an issue. This is why I ask. It would seem to me that how you raise your children will make a difference. If you tell them they are different, they will see themselves as different. If they raise the child to be an American, it won't matter where they live or who they live around.

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@Baldimo,

My experience of growing up in a 'different' family is that if the entire neighbourhood/community says you're different, you're different. It was a big factor in leaving my hometown as soon as I could - and nearly 40 years after leaving, I'm still somewhat uncomfortable when I return for visits.

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@Baldimo,

I am curious Baldimo, how old are your children? Do you live in an otherwise non-diverse place?

There are many adults who will tell you from experience that being of a "different" race in an otherwise white community caused problems for them as children or adolescents. I am sure that this is not always the case, but I hope you are at least sensitive to the experience of your children (should they have problems).

It did cause difficulties in my family, and now as adults we still talk about it.

1 Reply

The economy of rural Ohio is a disaster. The whole state is bad in fact, but the cities generally less so. Likely this family figured out a way to get someone else to pay to get them to greener pasture, that was the likely goal.

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@maxdancona,

My kids are 17 and 14. We have lived in several different area's of Denver metro with different degree's of whiteness. They haven't always fit in but we raised them to know it didn't make a difference what color they were or others are. My oldest mainly hangs out with white kids as he is into really heavy metal music, and there are not a lot of minorities that are into heavy metal music. My youngest mainly hangs out with hispanic kids and his girlfriend is hispanic as well. He has short wavy/curly hair and has darker colored skin then his older brother.

I was one of a few "whites", as the other kids called me, in my neighborhood in the north burbs of IL. All of my friends from the time I started school until I moved to CO were hispanic. I grew up in a barrio. Was I picked on by the other kids? Yes I was. Did I have to fight a lot growing up? Yes I did for the first few years of school. Did it impact me or scare me? Nope.

My ex-wife who is white and black, had more issues with black students in schools then she ever did white students. The black girls in her school didn't like her at all. She didn't fit in with them and "wasn't really black". That game them all the ammo they needed to mess with her. Until her older sister stepped in and kicked some ass one day, after that she was good to go and didn't have any other issues.

So I have experience from all sides of this.

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@ehBeth,

I can understand perhaps just seeing what makes it difficult as the child because older and more involved in a community.

I do find it odd though they didn't think about that before having a child considering they are a lesbian couple. I'd think they would be concerned about that as well. I can't imagine that is common either.

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@Baldimo,

And do you live in a town of 400 with your pre-school children?

Joe(how you raise your children is important, so is where.)Nation

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@Linkat,

Look at it this way Linkat. If you are paying lots of money for a Sperm Bank to go through the process of picking a donor, don't you think they have an obligation to make sure they get it right?

1 Reply

@Linkat,

Linkat wrote:

I do find it odd though they didn't think about that before having a child considering they are a lesbian couple. I'd think they would be concerned about that as well. I can't imagine that is common either.

I had the same reaction upon reading this story. This couple is saying that their home town is so small and insular that a mixed-race child will have difficulties growing up among such a racially insensitive community. Really? Then how do the villagers feel about lesbians? Okie dokie?

I think there's something else going on here.

1 Reply

@joefromchicago,

Quote:

I think there's something else going on here.

The what has already been explained by me.

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@maxdancona,

maxdancona wrote:

I agree with this suit, I think the Sperm bank should pay damages.

How many dollars of damage did the mother suffer? And in your opinion, would the couple still have a case if the mixup had happened with another white sperm donor?

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Quote:

A. Midwest Sperm Bank shall not be responsible for, and Patient hereby releases Midwest Sperm Bank and any other laboratory which renders services to Midwest Sperm Bank with respect to the Specimens or the donor(s), and the agents, officers, directors and employees of all of these entities-from all liability of any kind or nature with respect to:

A failure of the Specimens to induce pregnancy;
The handling or supervision of the Specimens after they have left Midwest Sperm Bank;
Any birth defects or abnormalities of any kind, including genetic, chromosomal, environmental, metabolic, internal or external defects or abnormalities resulting from a pregnancy induced by the specimens;
Any failure of the specimens to produce the characteristics, set forth in the Donor Selection Brochure, in a child born as a result of therapeutic insemination with donor specimens;
My abortion, natural or induced, resulting from a pregnancy induced by the Specimens;
My claim against Facility which arises from, is connected with, or is in any way related to the Specimens and any therapeutic insemination in which they are used. In this connection, Patient acknowledges that Midwest Sperm Bank is relying totally upon the representation of its donor that: (1) the specimen collected by that donor is the donor's own; and (2) the donor has the genetic and hereditary characteristics and health profile claimed in the donor profile completed by the donor.

http://midwestspermbank.com/p_form4.htm

No lawyer I, but maybe this gets tossed out of court.

1 Reply

@Linkat,

Quote:

I do find it odd though they didn't think about that before having a child considering they are a lesbian couple. I'd think they would be concerned about that as well. I can't imagine that is common either.

I also found it interesting that so far I had seen no interviewer being brave enough to ask them that if they are indeed in such a small minded community that a by-racial child would call for them moving howabout them being a gay couple.

Unlike the civil right movement the gay right movement is roughly two generations later and still ongoing and we now have a openly racial mixed president but not to this point an openly gay president.

1 Reply

Is the lesbianism is an issue, I think there's more likely a chance in town with a population of 400 with no blacks, that there are more gay people than biracial people

2 Replies

Ohio woman sues sperm bank after racial mix-up

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