17
   

Ohio woman sues sperm bank after racial mix-up

 
 
ehBeth
 
  1  
Reply Wed 8 Oct, 2014 02:14 pm
@firefly,
I'm curious if this would be a jury trial. I'd expect quite different results than what a judge might come up with. Jurisdiction will also have an effect.

A jury trial in Illinois is a different species than a judge in New York.
0 Replies
 
engineer
 
  1  
Reply Wed 8 Oct, 2014 02:16 pm
@firefly,
Quote:
The judge tossed out the emotional distress claim, citing a New York case that held “as a matter of public policy[,] we are unable to hold that the birth of an unwanted but otherwise healthy and normal child constitutes an injury to the child’s parents.”


That is a very interesting and thoughtful quote. Even if you selected a donor with blond hair and blue eyes, you don't really know what you are going to get. Gene pools can be really deep. At the end of the day, if you have a healthy, normal child you probably won the birth lottery.
0 Replies
 
joefromchicago
 
  1  
Reply Wed 8 Oct, 2014 02:35 pm
@firefly,
firefly wrote:
This isn't a breach of contract suit, it's a wrongful child suit.

That claim won't survive very long. I suspect the court will dismiss it at the first opportunity. "Wrongful birth" is simply not a cognizable injury in Illinois. The mother has a better shot with the breach of warranty claim, although even there it might be difficult to convince a judge that a child is the same thing as a piece of merchandise.

firefly wrote:
But just the money to relocate, to deal with consequences of unexpectedly having a bi-racial child, seems entirely fair and reasonable in a situation like this one--they aren't seeking punitive damages for the sperm error itself, but simply for some economic consequences of the error. I do hope they might get that money to move.

All of those damages are purely speculative. The mother isn't saying that her selectively bigoted neighbors and family members have discriminated against her daughter, just that she's afraid they'll discriminate against her daughter. That sort of generalized fear, however, is not a compensable harm. Courts have routinely thrown out lawsuits claiming damage due to the fear of something possibly happening in the future (e.g. lawsuits claiming that the plaintiff's contact with a particular substance led to a fear of developing a disease). I'm reasonably confident that it will happen in this lawsuit as well, unless the mother can show some genuine economic detriment (apart from the costs of the IVF treatments, which have already been refunded).
hawkeye10
 
  1  
Reply Wed 8 Oct, 2014 02:43 pm
@joefromchicago,
Quote:
The mother has a better shot with the breach of warranty claim


Where is the opening?

Quote:
V. DISCLAIMERS

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.
NEITHER MIDWEST SPERM BANK NOR ANY LABORATORY EMPLOYED BY MIDWEST SPERM BANK MAKES AN INDEPENDENT SUPERVISION OF THE DONATION. NEITHER MIDWEST SPERM BANK NOR ANY LABORATORY EMPLOYED BY MIDWEST SPERM BANK MAKES AN INDEPENDENT VERIFICATION OF ANY INFORMATION CONTAINED IN THE DONOR PROFILE. NEITHER MIDWEST SPERM BANK NOR ANY LABORATORY EMPLOYED BY MIDWEST SPERM BANK SHALL BE LIABLE TO FACILITY/PATIENT OR TO ANY OTHER PERSON/ PARTY BY REASON OF THE BREACH OF ANY REPRESENTATION MADE TO IT BY THE DONOR. NEITHER MIDWEST SPERM BANK NOR ANY LABORATORY EMPLOYED BY MIDWEST SPERM BANK SHALL BE LIABLE TO FACILITY/PATIENT OR TO ANY OTHER PERSON/ PARTY FOR ANY CLAIM BASED IN WHOLE OR IN PART ON INFORMATION WHICH MIDWEST SPERM BANK OR THAT LABORATORY COULD HAVE LEARNED HAD IT MADE ANY INDEPENDENT INVESTIGATION OF ANY INFORMATION CONTAINED IN THE DONOR PROFILE OR ANY SUPERVISION OF THE DONATION. MIDWEST SPERM BANK 'S LIABILITY PURSUANT TO THE STATEMENT MADE IN PARAGRAPH A OF THIS SECTION SHALL NOT INCLUDE ANY COSTS OF MEDICAL SERVICES, MEDICATIONS OR ANY OTHER COST OR EXPENSE RELATED TO THERAPEUTIC INSEMINATION OR OTHER USE OF THE SPECIMENS.

VI. LIMITATION OF LIABILITY.

The liability of Midwest Sperm Bank shall be limited to the amount paid to Midwest Sperm Bank for the cost of the specimens shipped. Midwest Sperm Bank does not provide cargo or content liability insurance. In order to bring any claim against Midwest Sperm Bank, the patient must notify Midwest Sperm Bank of the claim within 48 hours of the incident and provide Midwest Sperm Bank with the appropriate written information using Midwest Sperm Bank's claim forms.

Midwest Sperm Bank shall not be liable for any or all acts or omissions, loss, damage or delay, caused by occurrences beyond our control, including but not limited to acts of God, weather conditions, strikes, or acts of any public authorities. Furthermore, Midwest Sperm Bank, including its agents, directors, employees, is not liable for any damages incurred with respect to the transfer of the frozen donor specimens by courier service and the handling or supervision of the specimens after they have left Midwest Sperm Bank. Midwest Sperm Bank's liability, if any, is limited to the loss or damage to the frozen donor specimen vials that are ordered with Midwest Sperm Bank.

VII. INDEMNITY.

Patient hereby indemnifies 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 and against all loss, liability, damage and expense (including reasonable attorneys' fees) of any kind or nature which any of them may suffer or incur by reason of any claim by any party (including, without limitation, the claim of any child born as a result of therapeutic insemination with the Specimens, or the other relatives of any such child) which arises from, is connected with, or is in any way related to any of:

The Specimens and any therapeutic insemination in which they are used;
Performance or non-performance of any act to be performed (or not to be performed) by facility;
Any condition, warranty, representation or state of facts as to which Midwest Sperm Bank has disclaimed responsibility;
The failure of Facility or Patient to conform to applicable law with respect to the Specimens or any therapeutic insemination in which the Specimens are used.
VIII. RELEASE.

Patient hereby releases Midwest Sperm Bank and any other laboratory which renders service to Midwest Sperm Bank or the donor(s) and the agents, officers, directors and employees of all these entities from any claim of any kind or nature which Patient may have or may subsequently acquire with respect to any matter which rises from, is related to, or is in any way connected with the Specimens, the use of the specimens by Facility, the therapeutic insemination of Patient and any of:

A. For all of the purposes of this consent, except where a distinction is specifically made between Patient and Patient's partner or other relatives, the term "Patient" shall include (a) Patient, (b) Patient's partner, if any and (c) all relatives of Patient, whether by blood, marriage or adoption.

B. This consent contains the entire understanding between Midwest Sperm Bank and Patient with respect to its subject matter and may not be altered, amended or changed other than by writing signed by Patient and Midwest Sperm Bank. This consent shall be interpreted in accordance with the laws of the State of Illinois applicable to agreements wholly to be performed therein. The parties hereto consent to the exclusive jurisdiction and venue of the state and federal courts located in DuPage County, Illinois.

http://midwestspermbank.com/p_form4.htm
ehBeth
 
  1  
Reply Wed 8 Oct, 2014 02:53 pm
@hawkeye10,
they sent out the wrong specimen

there was no error claimed as to the (self)description of donors 330 or 380

joefromchicago
 
  3  
Reply Wed 8 Oct, 2014 02:55 pm
@hawkeye10,
A company can't disclaim liability for its own gross negligence, even if it tries to do so in big red capital letters. More to the point, though, the claim rests on 745 ILCS 40/3, which reads:

Quote:
Sec. 3. Imposition of liability. Every person, firm or corporation involved in the rendition of any of the services described in Section 2 warrants to the person, firm or corporation receiving the service and to the ultimate recipient that he has exercised due care and followed professional standards of care in providing the service according to the current state of the medical arts, and in the case of a service involving blood or blood derivatives that he has rendered such service in accordance with "The Blood Labeling Act", effective October 1, 1972.

I'm not sure if that statute even applies in this case (I've never run across it before), but if it does, then the statute overrides any contrary disclaimer in the contract.
FOUND SOUL
 
  1  
Reply Wed 8 Oct, 2014 03:00 pm
@Linkat,
I'm mixed on this.

If they love Payton un-conditionally and people around the little girl show the same and their intent is to ensure she knows that and they would move if they had money, I understand the concern for Payton's well being as she grows up given 400 population and 98% white. It's a shame that by now that even in a small population with TV's at home, the knowledge of mixed race all over the World and African/American & White prominent in America that Payton should be viewed different.

But, I also question why two years... Unless they didn't have the funds as it appears so, for a Lawyer and they needed someone who would take the funds on winning only, after all they are on TV. So is the Lawyer. It's the only explanation I can think of.

But:-

Quote:
"There are things I don't feel I have the background to even know. It is things we have to go out and research and talk to people and figure out how to do as simple as a daily chore of doing your hair,"


Could it be by 2 years of age, they can't cope with maintaining frizzy hair . No but seriously that comment struck me as wrong. If a child has an illness, you research, talk to people, try to figure it out. You didn't ask for the child to have an illness but you deal with it through love.

Also the fact that the child had to be blonde, blue eyed to reflect the Mother.

I can't help but feel that they have resentment that the little girl didn't look as close as possible to the Mother and that they have to work out "little" chores such as how to un-frizz Payton's hair. I just don't get why that should even come into the conversation. Don't you accept everything and then learn what's needed to help your daughter... That just to me screams, tantrum, not what I ordered.

That's how I'm feeling on it.
hawkeye10
 
  0  
Reply Wed 8 Oct, 2014 03:09 pm
@ehBeth,
Quote:
they sent out the wrong specimen

correct, but the buyer signed a contract that states that the sperm bank will not be held liable no matter how the baby turns out. Joe has a better argument, but trying to argue that the sperm bank is grossly negligent because it does not have systems in place to do away with any chance of a misunderstanding of who the intended donor is seems very sketchy to me. Mistakes happen, even with technology, so just because technology was not used does not make MSB " grossly negligent".
ehBeth
 
  1  
Reply Wed 8 Oct, 2014 03:45 pm
@hawkeye10,
hawkeye10 wrote:
correct, but the buyer signed a contract that states that the sperm bank will not be held liable no matter how the baby turns out.


that's not quite what the contract states

take another read
0 Replies
 
ehBeth
 
  2  
Reply Wed 8 Oct, 2014 03:48 pm
@FOUND SOUL,
FOUND SOUL wrote:

Could it be by 2 years of age, they can't cope with maintaining frizzy hair .


you may have something there. It's come up a few times IRL - people asking for recs for a hairdresser who can work with a small mixed-race girl's hair. I can be a long, sometimes painful (and expensive) process. Apparently even learning how to use the hair oils properly is a process.
0 Replies
 
BillRM
 
  -1  
Reply Wed 8 Oct, 2014 03:53 pm
@hawkeye10,
Hawkeye talk about sketchy the very idea that they happen to live in an area that would have no problem with the child having two mothers and no father but would have a problem over her being of mixed race that demand they move.

Mixed race children have been not all that uncommon for generations now and becoming ever more common with even our current president being of mixed race.

However the two mothers no father families are far newer to the society.

Hell mixed race marriages had been legal in all states since around the 1950s and as we all know the legal battle over the right for same sex marriages is still ongoing.
0 Replies
 
firefly
 
  2  
Reply Wed 8 Oct, 2014 04:31 pm
@FOUND SOUL,
But this baby didn't have the characteristics "I ordered".

And sperm banks are in the business of filling orders for certain donor characteristics, or for providing one donor's sperm, but not another's.
The case we're discussing now is not essentially different from this one, filed almost 25 years ago, in terms of the impact of a racial mix-up with the sperm.
Quote:

Mother Accuses Sperm Bank of a Mixup
By RONALD SULLIVAN, Special to The New York Times
Published: March 9, 1990

A 33-year-old woman has sued a Manhattan fertility clinic and a sperm bank, charging that they mistakenly substituted another man's sperm for her husband's. The woman is white, as was her late husband; she said the donor is black.

And now, three years after the birth of her daughter, the woman says the girl, whom she describes as black, is being subjected to racial prejudice.

The woman, Julia Skolnick, said she and her husband had chosen a sperm bank for insemination because her husband, who subsequently died, suffered from cancer and they wanted his sperm protected from the damaging effects of radiation treatment. She said in her suit, ''As my husband's illness progressed, I decided that having his child was the bond that would link us forever.''

Instead, her lawyer said yesterday, her insemination ''became a tragedy and her life a nightmare.''

Blood Analysis Cited

Experts in tort law said they believed the suit, filed in October in State Supreme Court in Manhattan and disclosed yesterday, was the first of its kind in New York State.

In an affidavit, Ms. Skolnick, whose address could not be determined, said that after her child was born, ''it became apparent that she was not my husband's child.'' Her lawyer said a DNA analysis of the child's blood and remaining samples of the husband's sperm confirmed that the husband was not the child's father. The suit charges the clinic and the sperm bank with negligence and medical malpractice.

Documents in the case were ordered sealed by Justice Kenneth Shorter at the request of lawyers on both sides. The case was first reported yesterday in The New York Law Journal, and was confirmed by Ms. Skolnick's lawyer, David Gould, and lawyers for the defendants.

Mr. Gould declined to say how much she was seeking in damages.

He said that she ''loves her 3-year-old daughter very much'' and that the child's ''color has nothing to do with her anguish.''

But he said the child was the repeated target of ''racial teasing and embarrassment'' and ''she is determined that what happened to her and her daughter doesn't happen to any other couple.''

By contending that her daughter is a victim of prejudice, Ms. Skolnick is building a case for monetary damages.

Lawyers said Ms. Skolnick had delayed taking legal action because her husband, who died in April 1989, was suffering the ''painful agony'' of terminal cancer. They said she sued last fall when the ''racial taunting of her child became unbearable for her.''

According to lawyers on both sides, eight months after the couple were married in 1985, the husband was diagnosed as having Ewing sarcoma. The following year, fearful that radiation therapy would harm his reproductive organs, the husband provided several specimens of his semen to be used to impregnate his wife at a later date.

Two Defendants Named

Ms. Skolnick's suit named two defendants: Advanced Fertility Services, 1625 Third Avenue, which is run by Dr. Hugh D. Melnick, an obstetrician, and Idant Labs, a sperm bank at 645 Madison Avenue.

Robert T. Whittaker, a lawyer for Dr. Melnick, said Ms. Skolnick's husband had left a sample of his sperm at Idant before seeking fertility help from Dr. Melnick in April 1986. He said that Dr. Melnick performed the insemination with sperm provided by the laboratory and that a child was delivered in December 1986.

''The couple's dealing with the sperm bank was done independently,'' Mr. Whittaker said.

John R. Wright, the lawyer for Idant, declined to comment.

But Dr. Joseph Feldschuh, Idant's medical director, said, ''The sperm that impregnated the woman and which resulted in the birth of her child did not come from this sperm bank.''

Dr. Feldschuh said that his sperm bank had handled more than 100,000 semen specimens since it opened in 1971 and that not one had ever been misplaced.

Problem 'Elsewhere' Suggested

''If there is a problem, it must be elsewhere,'' he said, suggesting that a mistake might have been made at a sperm bank he said was maintained by Dr. Melnick. Mr. Whittaker, Dr. Melnick's lawyer, would not comment on that charge.

In a separate complaint filed with the New York State Department of Health, Ms. Skolnick contended that the sperm of her late husband had been mistakenly switched with the sperm of another donor.

A Health Department spokeswoman, Frances Tarlton, said the complaint was being investigated. She said all sperm banks came under state regulation last October by order of the State Public Health Council.

Idant's laboratory, which is separate from the sperm bank, was cited for deficiencies in July 1989, she added.

Legal Questions Raised

Prof. David W. Leebron of the Columbia University School of Law, an expert in tort law, said Ms. Skolnick's suit raised several legal questions.

The most common tort suits, he said, charge a ''wrongful death'' or injuries. However, he and insurance companies that provide medical malpractice insurance noted the increase in recent years of suits claiming damages for unwanted births.
http://www.nytimes.com/1990/03/09/nyregion/mother-accuses-sperm-bank-of-a-mixup.html


As long as there have been sperm banks, some racial mix-ups have been make, and they did cause emotional stress and difficulties in people's lives. But there still are no good, or clear legal remedies for compensating the parents involved. That's what's lacking fairness.

I don't know how Julia Skolnick's case turned out, I'll see if I can find out. But this sort of situation clearly occurs, and it's equally serious and problematic in Manhattan or rural Ohio, and it doesn't matter much whether the mother is heterosexual or lesbian. Non-white or biracial children are much more likely to be subjected to racial prejudice than their white counterparts. And those who did not intentionally chose non-white sperm weren't seeking that complication in their lives, or they were actively trying to avoid it.

0 Replies
 
firefly
 
  2  
Reply Wed 8 Oct, 2014 04:56 pm
Julia Skolnick did receive a settlement in that case I cited above.
Quote:

Sperm Mix-Up Lawsuit Is Settled

By RONALD SULLIVAN
Published: August 1, 1991

A 34-year-old Long Island woman who sued a Manhattan doctor and a midtown sperm bank, charging they mistakenly substituted another man's sperm for her late husband's, has reached an out-of-court settlement estimated at $400,000, a lawyer involved in the case said yesterday.

The woman's suit, filed last year in State Supreme Court in Manhattan, helped lead to stronger state health licensing regulations over sperm banks.

The woman, Julia Skolnick, is white, as was her late husband, Fred. She said her 4-year-old daughter has black skin.

Child Subjected to Taunts

Mrs. Skolnick said she and her husband had chosen a sperm bank for insemination because he was suffering from cancer and they wanted his sperm protected from the lethal effects of radiation that ultimately failed to save his life. He died in 1989, three years after his wife was inseminated.

"As my husband's illness progressed, I decided that having his child was the bond that would link us forever," she said in her suit against Dr. Hugh Melnick, the head of Advanced Fertility Services at 1625 Third Avenue, and Idant Labs, a sperm bank at 645 Madison Avenue.

Mrs. Skolnick said that her daughter has been subjected to racial prejudice and taunted by playmates for not resembling her mother.

John Wright, a lawyer for Idant, said the sperm bank paid Mrs. Skolnick $95,000 and her daughter $5,000 in return for settling the suit. He said he believed that Dr. Melnick, who could not be reached for comment, paid Mrs. Skolnick $300,000.

Dr. Melnick, who was ordered to stop banking semen in 1990, has applied to the State Health Department to renew the practice.

David Gould, Mrs. Skolnick's lawyer, said the case was a driving force behind new state regulations on how sperm banks are managed.
http://www.nytimes.com/1991/08/01/nyregion/sperm-mix-up-lawsuit-is-settled.html


Maybe the current lawsuit will help to tighten regulations on sperm banks in Illinois, and that would be a good outcome too. These sort of terrible mistakes must be prevented, and lawsuits help to do that. I don't think the woman in the current case deserves any less sympathy because of her sexual orientation, but I get the feeling that attitude has been expressed by some in this thread.
hawkeye10
 
  1  
Reply Wed 8 Oct, 2014 06:05 pm
@firefly,
Insurance companies routinely settle in order to not spend money trying a case, it is a matter of economics for them, settling is sometimes cheaper, and lets be honest $400,000 is not much for a malpractice suit. Do you have any case law that supports the idea that this case is a winner if it actually were to be tested in a court? I am thinking that the courts are going to say that she got the healthy baby she wanted, that the color of its skin in 2014 is irrelevant, so no harm has been done.
firefly
 
  3  
Reply Wed 8 Oct, 2014 06:50 pm
@hawkeye10,
I think this case will be settled too--for considerably less than $400,000, because this woman is asking for considerably less--she's only seeking money to re-locate. But the issue is really the same in both cases--the color of the child's skin was not as wanted, due to a sperm mix-up, and that created unwanted problems and difficulties for both mother and child. Unfortunately, the emotional and social ramifications of this kind of error are just as serious in 2014 as they were in 1991. We still discriminate between people, or identify with them, based on skin color. And, just like Julia Skolnick, this woman wanted, and expected, a white child--a child who would resemble her.

I wouldn't say no harm has been done, because lives have been negatively impacted by errors like this. Race is a potent factor in people's lives and identities. Only Caucasians rarely have to think about, or be concerned about, their race. But I also think it's next to impossible to put a monetary damage amount in cases like these. What this woman is looking to gain isn't at all unreasonable, and I do hope she receives it, so she can move wherever she needs to to make life easier for her bi-racial child.

According to the woman's lawyer, the sperm bank has no defense. And they've already gotten enough bad publicity about the error, and their failure to notify the woman about the error promptly, that people should feel leery about using their services--people definitely need to feel they can trust these services. I think if the sperm bank is smart, they will reach a settlement with this woman fairly fast. If not, we'll see how it plays out in court.
firefly
 
  1  
Reply Wed 8 Oct, 2014 06:58 pm
There have been similar cases in the U.K.
'
Quote:
London sperm bank under investigation after couple has baby from different race
Published April 29, 2012·
NewsCore

LONDON – The largest sperm bank in Britain is under investigation from health officials over claims they used sperm from the wrong donor after a gay couple had two children from different racial backgrounds.

The alleged mix-up at the IVF clinic only emerged after the birth of the couple's second child, who is of different race to the rest of the family.
The parents are said to be "devastated" at the alleged mistake as they had wanted their children to be genetically related by using the same sperm donor, The (London) Sunday Times reported.

"The damage to the [younger] child in the future, to both the siblings and the family unit could be quite catastrophic," said Caron Heyes, the couple's lawyer.

The Human Fertilisation and Embryology Authority, which regulates IVF clinics in the UK, began an investigation in January into the alleged blunder at the London Women's Clinic. A report will be considered by the watchdog's license committee on May 31.

More than 13,000 babies are born every year in the UK from IVF treatment, and while mix-ups are rare they are not unknown. In 2010, a couple lost a negligence lawsuit against a Belfast hospital after a white couple had a black child after receiving sperm from the wrong donor.

In 2002, a white couple had mixed-race twins after an Asian man's sperm was mistakenly used to fertilize the woman's eggs at a Leeds IVF clinic. "All we wanted was a family. Instead, we were landed with a nightmare that will last forever," the woman later said.
http://www.foxnews.com/world/2012/04/29/london-sperm-bank-under-investigation-after-couple-has-baby-from-different-race/


And here's another type of sperm mix-up case
Quote:
Sperm Bank Mix-Up: Woman Impregnated by Lab Worker Instead of Husband
Friday, 10 Jan 2014
http://www.newsmaxhealth.com/Health-News/sperm-mistake-lab-fertility/2014/01/10/id/546489/

University Of Utah Investigating Complaint That Fertility Clinic Mixed Up Sperm
01/13/2014
http://www.huffingtonpost.com/2014/01/13/utah-sperm-clinic-university-mix-up_n_4591550.html










0 Replies
 
joefromchicago
 
  1  
Reply Thu 9 Oct, 2014 08:34 am
@FOUND SOUL,
FOUND SOUL wrote:
But, I also question why two years.

Because there's a two-year statute of limitations on warranty actions.
0 Replies
 
Thomas
 
  2  
Reply Thu 9 Oct, 2014 08:48 am
@joefromchicago,
joefromchicago wrote:
I'm not sure if that statute even applies in this case (I've never run across it before), but if it does, then the statute overrides any contrary disclaimer in the contract.

Wouldn't sperm seem to qualify under section 2 as an "other human tissue" suitable for "injecting, transfusing or transplanting [...] in the human body"? If so, Section 3 would include sperm under "any of the services described in Section 2".
BillRM
 
  1  
Reply Thu 9 Oct, 2014 09:35 am
Lot of votes down on this thread for no clear reason.
0 Replies
 
joefromchicago
 
  1  
Reply Thu 9 Oct, 2014 10:32 am
@Thomas,
Thomas wrote:

Wouldn't sperm seem to qualify under section 2 as an "other human tissue" suitable for "injecting, transfusing or transplanting [...] in the human body"? If so, Section 3 would include sperm under "any of the services described in Section 2".

Well, sperm isn't, strictly speaking, "human tissue." But it might be covered under the law because it is similar to "whole blood, plasma, blood products, blood derivatives and products," which also aren't, strictly speaking, human tissue, but which are specifically mentioned. That's the rule of ejusdem generis. I don't have access to the statute's annotations (if there are any), so I don't know if this sort of case has come up before. That's why I'm reserving judgment. Fortunately, this isn't my area of expertise, so I'll just sit on the sidelines and watch.
0 Replies
 
 

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