Midwest Sperm Bank Sued Twice - This Time for Fraud, Breach of Contract and Negligence
Apr 26, 2016 03:20 AM EDT
A sperm bank has been sued by an Ohio woman for mistakenly giving her sperm from an African-American donor. This is not the first time that Midwest Sperm Bank was sued with the same plaintiff. She now seeks more than $150,000 in damages.
The plaintiff, Jennifer Cramblett was artificially inseminated with the sperm she ordered from the Midwest Sperm Bank based in Illinois coming from Donor No. 380 which is a Caucasian man. On her fifth month of pregnancy, she discovered that she had actually been sent a sample from Donor No. 330 which happens to be an African-American male.
She gave birth to a healthy mixed-race baby girl three years ago she named Payton. In her lawsuit, she stated that the sperm bank's mix-up resulted to "an unplanned transracial parent-child relationship for which she was not, and is not, prepared," as reported by ars technica.
The lawsuit was filed on Friday claiming that Midwest Sperm Bank perpetrated fraud, misconduct and negligence when it gave her and her partner the wrong sperm resulting in a birth to mixed-race baby girl in August of 2012. Jennifer Cramblett's first lawsuit regarding "wrongful birth" was rejected by a judge since she gave birth to a healthy baby.
According to the newser report, her present lawsuit claim is being a white woman; she isn't prepared to raise a mixed-race baby, which carries "numerous challenges and external pressures. Based to her first lawsuit, those challenges and pressures include a racist community an "unconsciously insensitive" family that is already having a difficult time with her being a lesbian. Her first lawsuit took grief to make it clear that none of this means she does not love her daughter.
Meanwhile, a similar case happened to couple Angela Collins and Elizabeth Hanson who thought they have found the sperm donor who would help them have their first child. The couple lives in Port Hope, Ontario and acquired the sperm from Xytex Corporation based in August, GA. Collins stated that Donor #9623 was the male counterpart of her partner, The Washington Post reported.
The donor's profile provided to them was misleading because the man himself suffers from schizophrenia which is a narcissistic personality disorder and other mental illnesses. The lawsuit filed against Xytex Corporation is not only based on the inaccuracy of the donor's information but also continued to misrepresent his profile after the discovery of the discrepancies.