Judge tosses suit by white woman who was accidentally impregnated with black man’s sperm

n Ohio judge has tossed a lawsuit filed by a white woman against a sperm bank that accidentally provided her with the sperm of a black man after she and her partner specifically requested sperm from a Caucasian man with blue eyes so their baby would look like them. According to the Washington Post, Jennifer Cramblett filed suit against Midwest Sperm Bank in 2014 when her mixed-race daughter Payton was 2-years-old, saying the clerical error had caused her and her partner, Amanda Zinkon, “stress, pain, suffering and medical expenses.” Stating that she loves her daughter, Cramblett asserted in her suit that her daughter would grow up feeling like an “outcast,” and that she and her partner have “limited cultural competency” around African-Americans.

“Getting a young daughter’s hair cut is not particularly stressful for most mothers, but to Jennifer it is not a routine matter, because Payton has hair typical of an African American girl,” the lawsuit reads. “To get a decent cut, Jennifer must travel to a black neighborhood, far from where she lives, where she is obviously different in appearance, and not overtly welcome.” “Jennifer’s stress and anxiety intensify when she envisions Payton entering an all-white school,” the lawsuit continued. “Ironically, Jennifer and Amanda moved to Uniontown from racially diverse Akron, because the schools were better and to be closer to family.”

Cramblett also asserted that her own “unconsciously insensitive” family members might have trouble accepting her daughter, now 3-years-old.
DuPage County judge Ronald Sutter threw out couple’s lawsuit, agreeing with attorneys for the sperm bank who argued that “breach of warranty” and “wrongful birth” claims lacked legal merit in the case. The judge advised that the couple could refile under a negligence claim.
According to the sperm bank, which maintains handwritten records, the couple were supposed to receive sperm from donor No. 380, a white man; instead, they were given sperm from donor No. 330, a black man. The sperm bank apologized in a letter stating “we are so very sorry,” and issued the couple a partial refund.

The original lawsuit asked for at least $50,000 in damages.


http://www.rawstory.com/2015/09/judge-tosses-suit-by-white-woman-who-was-accidentally-impregnated-with-black-mans-sperm/

Glad the judge saw sense here. What a load of cobblers claiming stress.

It isn't difficult cutting African hair , my friend at church cuts her daughters hair and has no problem . Just an excuse and I would have thought any child is a blessing regardless of colour . That little girl is stunning .

Boys hair is even easier to cut and when they are little gather it up on top in a little pony tail looks so cute on boys .

She just needs to learn how to do it, and obviously this was nothing malicious from the sperm bank -- a routine screw-up.

Ohio kind of sucks; I go into predominantly black neighborhoods in my city all the time and have never had any trouble.

Our church is mainly black African with only about a dozen white's we're one big happy family .

Vicar Of Dibley wrote:Our church is mainly black African with only about a dozen white's we're one big happy family .

Sounds kind of like that Chicago church that Obama went to, the right tried to make it out as though they were militant black nationalists, but they welcomed a good number of white members as well.

I can understand an initial shock - she's only human - and I can also understand a slight disappointment within her if she wanted a white child.

Yes, the child is a blessing and we all know that colour means nothing, but perhaps she is a Shy, retiring and introvert woman who dislikes being "different" and perhaps she is nervous to be going into mainly-black areas.
I understand it.

The person I feel sorry for here is the child! Imagine your mum going to court and officially saying "My child's hair is difficult and I have to travel miles to get it done and I want compensating for that and for my stress!"
(Hey mum I love you....what stress????!)

Perhaps that judge should have compensated them, as a mistake was made, luckily enough, the couple weren't racist....
The money could've gone to the child and put into a fund for college or something...but then, I guess that's like saying she's a "mistake"

Which she is really, when you think about it, no matter what way you spin it.

(And before anyone jumps up and down with rage, I do NOT think of any child as a mistKe and I hope everyone knows what I meant when I used the word in context to the situation)

eddie you make good points there and i do agree i didn't think about it like that .

That's what makes debate good with different views nobody has to be right or wrong .

It's a legal technicality, not the end of the world.  

RawStory wrote:DuPage County judge Ronald Sutter threw out couple’s lawsuit, agreeing with attorneys for the sperm bank who argued that “breach of warranty” and “wrongful birth” claims lacked legal merit in the case.  The judge advised that the couple could refile under a negligence claim.

She sued under breach of warranty and wrongful life.  While there may be breach of an implied contract, only nine states have a wrongful life statute. It's a statutory creation, subject to Ohio law.

The issue is damages.  In a wrongful life suit you can recover for the cost of raising the child, through university.  In a breach of warranty or negligence suit, damages must be off-set by rewards.  For this reason, wrongful life suits are inevitably ugly.  

Ohio's supreme court has recently limited their wrongful life statute:

Becker Law wrote:In 2006, the Ohio Supreme Court ruled that the “limited-damages rule” applied to wrongful-birth cases in the state. Since the decision, parents wishing to seek compensation for injuries that resulted from a doctor or hospital’s wrongful birth negligence have discovered limitations on the monetary recovery available.

*  *  *  *  *

In other words, the ruling means that parents who sue for medical malpractice in a wrongful-birth case can only recover damages for the costs directly associated with the mother’s pregnancy and the birth of the child. The parents may not be compensated for the financial or emotional and physical costs of rearing a child with disabilities.

The plaintiffs are shopping for the most remuneration.

I'd rather have your personal view on it Quill.

@Vod, thanks and me too, love reading differing opinions.

well I donno....all issues of race etc apart....

ben says it all...a routine screw up

Sorry???

NO

routine screw ups do NOT happen in issues like this.....


what next...sorry we cut your head off...its a routine screw up.....

or

sorry we removed your dick...its a routine screw up


I have zero tolerance of INSTITUTIONS making mistakes when interacting with individuals

and the penalties should be enormous, so enormous in fact that the institute lives in fear of making them...

also ...looking at it with "race" in mind

why did the woman marry a white partner??

presumably one consideraton would be she wanted white children, after all if she had wanted mixed race chiuldren she would, presumably have married a couloured man?
so I would hope that she would have the "right of expectation that...."

or is it the lefty dream that people looking for assisted reproduction should "be bloody grateful for whatever they get.

victorismyhero wrote:well I donno....all issues of race etc apart....

ben says it all...a routine screw up

Sorry???

NO

routine screw ups do NOT happen in issues like this.....


what next...sorry we cut your head off...its a routine screw up.....

or

sorry we removed your dick...its a routine screw up


I have zero tolerance of INSTITUTIONS making mistakes when interacting with individuals

and the penalties should be enormous, so enormous in fact that the institute lives in fear of making them...

How is creating life a screw up?

she did not get what she had a "reasonable right" to expect....

or are you saying that the second part i posted is correct.....

victorismyhero wrote:also ...looking at it with "race" in mind

why did the woman marry a white partner??

presumably one consideraton would be she wanted white children, after all if she had wanted mixed race chiuldren she would, presumably have married a couloured man?
so I would hope that she would have the "right of expectation that...."

or is it the lefty dream that people looking for assisted reproduction should "be bloody grateful for whatever they get.

They're lesbians

looking at it purely coldly....


if I order a red car and they deliver a green one......do i just accept it ...or ..........

victorismyhero wrote:she did not get what she had a "reasonable right" to expect....

or are you saying that the second part i posted is correct.....

Sorry but how does one get the child they want?

I am saying your argument is absurd

Vicar Of Dibley wrote:

victorismyhero wrote:also ...looking at it with "race" in mind

why did the woman marry a white partner??

presumably one consideraton would be she wanted white children, after all if she had wanted mixed race chiuldren she would, presumably have married a couloured man?
so I would hope that she would have the "right of expectation that...."

or is it the lefty dream that people looking for assisted reproduction should "be bloody grateful for whatever they get.

They're lesbians

teach me to read more closely ....

but hey ho the principle still applies......

Cuchulain wrote:

victorismyhero wrote:she did not get what she had a "reasonable right" to expect....

or are you saying that the second part i posted is correct.....

Sorry but how does one get the child they want?

I am saying your argument is absurd

well as far as colour of said child...generally by having it off with the right colour partner, present couple excepted due to VODS point

biology not your strong point eh didge...

(thats called taking the piss)

victorismyhero wrote:

Cuchulain wrote:

Sorry but how does one get the child they want?

I am saying your argument is absurd

well as far as colour of said child...generally by having it off with the right colour partner,  present couple excepted due to VODS point

Again absurd how does any couple obtain the child they want?

erm.....try viewing some films from xhamster. com

Are you expecting an answer to your question Didge?

Of course you are........

And......

There's your answer.

victorismyhero wrote:biology not your strong point eh didge...

(thats called taking the piss)

Its my strong point apparanmtly because I am told I am one for being critical of religion.

eddie wrote:Are you expecting an answer to your question Didge?

Of course you are........

And......

There's your answer.

Well I did not expect an intelligent answer from you Eddie, so quell surprise

victorismyhero wrote:

Vicar Of Dibley wrote:

They're lesbians

teach me to read more closely ....

but hey ho the principle still applies......

yes it does because her partner is white so she clearly wanted a white child .

Vicar Of Dibley wrote:

victorismyhero wrote:
teach me to read more closely ....

but hey ho the principle still applies......

yes it does because her partner is white so she clearly wanted a white child .

All humans are one race, it should not matter what skin tone they are because you are creating life
What sort of feelings is this child going to have when she grows up and understands her parents went to court on the bases she was a mistake?

Cuchulain wrote:

eddie wrote:Are you expecting an answer to your question Didge?

Of course you are........

And......

There's your answer.

Well I did not expect an intelligent answer from you Eddie, so quell surprise

Actually I've already answered. First few posts.

Don't be so rude little man..

eddie wrote:

Cuchulain wrote:

Well I did not expect an intelligent answer from you Eddie, so quell surprise

Actually I've already answered. First few posts.

Don't be so rude little man..

well said edds

eddie wrote:

Cuchulain wrote:

Well I did not expect an intelligent answer from you Eddie, so quell surprise

Actually I've already answered. First few posts.

Don't be so rude little man..

That did not answer my question pathetic fake woman

Try again

How does anyone get want them want from producing and creating a child?

Vicar Of Dibley wrote:

eddie wrote:

Cuchulain wrote:

Well I did not expect an intelligent answer from you Eddie, so quell surprise

Actually I've already answered. First few posts.

Don't be so rude little man..

well said edds

He's probably pissed or angry or needs a release, so I don't engage with him when he's so rude
It's little man syndrome.

eddie wrote:

Vicar Of Dibley wrote:

well said edds

He's probably pissed or angry or needs a release,  so I don't engage with him when he's so rude
It's little man syndrome.

Yet continue to insult speaking around the poster which is even more childish

Now either answer the question or jog on, as happy either way

Cuchulain wrote:

Vicar Of Dibley wrote:

yes it does because her partner is white so she clearly wanted a white child .

All humans are one race, it should not matter what skin tone they are because you are creating life
What sort of feelings is this child going to have when she grows up and understands her parents went to court on the bases she was a mistake?

thats a seperate argument didge....of a far more complex nature......

the point is that this mistake should NOT have happened and should be ferociously punished......

victorismyhero wrote:

Cuchulain wrote:

All humans are one race, it should not matter what skin tone they are because you are creating life
What sort of feelings is this child going to have when she grows up and understands her parents went to court on the bases she was a mistake?

thats a seperate argument didge....of a far more complex nature......

the point is that this mistake should NOT have happened and should be ferociously punished......

Mistakes do happen, but the reason for their claim is appalling where it is racial.
How do they explain that to the child once she is grown up.
They wanted a child, they had a child, a healthy child at that and that is all that should matter
To claim the child is a mistake is morally and ethically wrong.

and using the wrong sperm is ethically unacceptable,
no different to giving out the wrong medication
my prescription says penicillin and you gave me acetaminophen.....ummm.....
and I do NOT accept that "mistakes happen" is a reasonable excuse for an institution to call.

and at the very least, surely there is an implicit "reasonable requirement" that one gets that which one pays for.....

as I said earlier....if I order a red ford and get a green one......should I just "be happy" that I got one that works (actually, considering its a ford.....hmmmmmmmmmm)

although mistakes happen, institutions are meant to implement policy and procedure to prevent them happening.

institution is at fault but I don't think these women are 'good parents' and the idea that people would have thought they were the biological parents when they are both women is a little bit silly... thus the loss was minimal.

Cuchulain wrote:

victorismyhero wrote:she did not get what she had a "reasonable right" to expect....

or are you saying that the second part i posted is correct.....

Sorry but how does one get the child they want?

I am saying your argument is absurd

Victor'is frame of reference is contract theory. By "reasonable right to expect" he's talking about the bargained-for exchange. In other words, the baby was a commodity, and the contract was according to material terms (white baby), presumably with a fee as consideration.

Your frame is different...Idk, perhaps more humanistic. So the two of you will never agree.

victorismyhero wrote:and using the wrong sperm is ethically unacceptable,
no different to giving out the wrong medication
my prescription says penicillin and you gave me acetaminophen.....ummm.....
and I do NOT accept that "mistakes happen" is a reasonable excuse for an institution to call.

and at the very least, surely there is an implicit "reasonable requirement" that one gets that which one pays for.....

as I said earlier....if I order a red ford and get a green one......should I just "be happy" that I got one that works (actually, considering its a ford.....hmmmmmmmmmm)  

There is a huge difference here.
You are talking about medicine which needs to be right.
Without medical advancement they would never have a child.
They should be thankful they have and yet moan because of its skin tone.
Its a human being and they ordered a human being so the implications is they being daft.
What if they wanted blonde hair and the child came out with ginger?
Its just absurd where people are fussing over the creation of life.
Its even worse that they are publically sueing claiming their child is a mistake.