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Ohio woman sues sperm bank after racial mix-up

 
 
firefly
 
  1  
Reply Thu 9 Oct, 2014 10:49 am
I think this family lost their sperm mix-up lawsuit in the U.K.
Quote:
Why am I dark, daddy? The white couple who had mixed race children after IVF blunder
By Helen Weathers
13 June 2009

When ten-year-old Michael Williams climbs into his father Keith's arms for a goodnight cuddle, he will often ask the same dreaded question: 'Why am I brown?' Looking up into his father's blue eyes and taking in his light brown hair and fair skin, his son will then ask: 'How can I make myself lighter, like you?'

Keith doesn't know how to answer these questions, so he'll make a joke about how Michael was delivered by a stork or that he was found under a gooseberry bush. Anything to avoid having to tell him the truth.

For the reality is that not only was Michael conceived via IVF using donor sperm, but there was a terrible mix-up when the wrong sperm was mistakenly used by the hospital fertility clinic the couple attended in their hope of becoming parents...

Read more: http://www.dailymail.co.uk/news/article-1192717/Why-I-dark-daddy-The-white-couple-mixed-race-children-IVF-blunder.html#ixzz3FfQ1dWl0


0 Replies
 
hawkeye10
 
  2  
Reply Thu 9 Oct, 2014 10:59 am
@firefly,
Quote:
I think if the sperm bank is smart, they will reach a settlement with this woman fairly fast.

a settlement will not help them, the only thing that will is a claim that they have new systems in place so that this is less likely to happen again. There might be some feel good residuals from a "we care!" moment with this couple (giving them money even thought they dont have to) , but I think most people think of sperm banks like water heaters, so long as they produce what is wanted (the right sperm) nobody cares about the process or the people who run it.
firefly
 
  3  
Reply Thu 9 Oct, 2014 12:20 pm
@hawkeye10,
This Columbus sperm bank seems to have a considerably more detailed system of preventing mix-ups. In fact, it really shows up the deficiencies that helped to bring about the mix-up at the other sperm bank.
Quote:
Columbus Sperm Bank Taking Precautions To Avoid Donor Mix-Ups

An Ohio couple is suing after a mix-up at a Chicago area sperm bank. The same-sex couple says they wanted a Caucasian donor with blue eyes. Instead, Jennifer Cramblett delivered a beautiful bi-racial baby girl.

In Columbus, Sperm samples are preserved inside metal tanks filled with liquid nitrogen at the Cryobiology Sperm Bank. “Each donor has their own canister,” says Donna Ridder of Cryobiology.

Cryobiology is the only sperm bank in Columbus and the only one in Ohio that processes anonymous and directed donor’s sperm. It also stores about 10,000 samples.

Each sample is placed in a color-coded tube to identify the race of the donor: green for African American donors, blue for Asian donors and red for Middle Eastern donors.

“For our Middle- Eastern donors, we use a designation and they start with a number one,” Ridder explains.

Each race is assigned a specific number code. Ridder says Caucasian donors have a totally different numbering scheme from ethnic donors.

Once the samples are tested, they’re placed in a canister, and then placed in a second protective canister where they’re shipped to the doctor’s office.

The lab says it’s a pioneer when it comes to tracking sperm samples. “We were the first lab in the country to put the ethnicity of the donor on the vials,” says Ridder.

So how did this Chicago area sperm bank send the wrong sample?

The director of Cryobiology thinks the problem may rest with that lab’s numbering system. For example, the Ohio couple wanted donor 380, which contained Caucasian sperm, but instead received donor 330, which had African American sperm. Because two ethic samples shared the same number, that may explain how the mix-up happened.

“(With) the system we have, the numbers are totally different,” she says.

While the mistake didn’t happen at Cryobiology, Ridder believes the integrity of sperm banks across the country will be called into question. “That will affect all of us; the black eye of the industry if you will.”

Sperm banks are inspected by the FDA. It’s estimated between 15,000 and 20,000 children are born in the United States each year as the result of artificial insemination.
http://ohianews.com/columbus-sperm-bank-taking-precautions-to-avoid-donor-mix-ups/

Sometimes lawsuits are the only way to get improvements in procedures, and I've already said I think a good outcome of this suit would be to get better regulations in place to help avoid the possibility of such mix-ups. I think it's good they brought this suit.

Settlements can help with expenses connected with consequences of the sperm errors--therapy, re-location, etc.--they really can't ameliorate the problem resulting from the sperm mix-up.

And courts can't start ruling that, in general, children of one racial group are worth more than children of another, and if a sperm bank provides you with the wrong group that you have been injured because the child is less desirable or valuable.

But since sperm banks exist in order to provide people with children who might resemble them, racially or ethnically, satisfying that profound emotional desire is one reason for their existence, and it's hard to see where emotional injury doesn't result when the resulting biological child doesn't resemble the parents, or anyone else in the family. It's a sad and often tragic situation, but one with no good legal recourse that's likely to be successful in terms of any compensation.

Most people probably never think about sperm banks at all. And these sorts of errors appear rare. But I do think the families coping with these sperm mix-up situations are entitled to some compensation to help them cope and adapt--that's different than compensating them for the devastation of the mix-up itself. It was the sperm bank's negligence that created the situation, and they should bear some responsibility for it, and how it has impacted lives. I think this couple might get their re-location money on that basis, but we'll have to wait and see.

Meanwhile, I think this couple has done a service by bringing this lawsuit and going public about it. Other people thinking of using sperm banks need to be aware of these things, and what precautions are in place to prevent errors.

0 Replies
 
Finn dAbuzz
 
  2  
Reply Sat 11 Oct, 2014 01:42 am
@ehBeth,
ehBeth wrote:

"the story being shot" could increase the value of the damages they may end up receiving. I suspect the sperm bank's insurer is trying to find a way to settle this now (if they weren't paying attention to this before).


If you mean that they have additional damages because they've now revealed to the town that they are a lesbian couple, I completely disagree.

Giving interviews to the media and revealing their sexual orientation was in no way necessary for them to pursue a cause of action against the sperm bank, or to deal with the fact that their daughter was not white. If the interviews led to any damages it was purely self-inflicted
0 Replies
 
Miller
 
  2  
Reply Mon 13 Oct, 2014 09:22 am
What if the little girl, instead of being born a beautiful and normal little baby, had been born autistic, or having Down's syndrome, or even born with spina bifida?

Who would the gay couple sue? They should thank God, they were lucky to have been blessed with a beautiful, cheerful, and very normal child and they should stop complaining about the skin color of their daughter.

hawkeye10
 
  2  
Reply Mon 13 Oct, 2014 06:43 pm
@Miller,
This is only going to get worse when people start ordering babies from the geneticists. "we ordered blue eyes and blond hair, and we got green eyes and red hair......WE DEMAND COMPENSATION FOR THE FAILURE TO DELIVER!"
0 Replies
 
modification01
 
  1  
Reply Tue 21 Oct, 2014 01:17 am
Good that they got the money back. I am wondering what made them to wait for 2 years.
0 Replies
 
 

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