Sperm bank sued under product liability law SPERM should be subject to the same product liability laws as car brakes, according to a US judge who has given a teenager with severe learning disabilities the go-ahead to sue the sperm bank that provided her with a biological father. Brittany Donovan, now 13 years old, was born with fragile X syndrome, a genetic disorder causing mental impairment and carried on the X chromosome. She is now suing the sperm bank, Idant Laboratories of New York, under a product liability law more commonly associated with manufacturing defects, such as faulty car brakes. Donovan does not have to show that Idant was negligent, only that the sperm it provided was unsafe and caused injury. "It doesn't matter how much care was taken," says Daniel Thistle, the lawyer representing Donovan, based in Philadelphia, Pennsylvania. Genetic tests have revealed that she inherited the disorder from her biological father. Donovan was conceived in Pennsylvania, where a "blood shield law" protects sellers of human bodily material from product liability suits. In New York state, however, sellers are not protected by any such law. On 31 March, federal judge Thomas O'Neill ruled that Donovan's case should be tried in New York. Wendy Kramer of the Donor Sibling Registry, which helps people conceived through donor gametes find genetic relatives, suspects other sperm recipients may try to sue. "This could open the floodgates," she says. http://www.newscientist.com/article/mg20227032.400-sperm-bank-sued-under-product-liability-law.html
Weird. That could kill sperm banks (not that I would mind). How are they supposed to guarantee no genetic defects?
thats not the question, weve already established the fact that she is retarted. The question, how retarted is she?
If they used a different sperm cell she wouldn't have been born. Technically speaking, she isn't the injured party - her mother is.
Sad story, but this thread is hillarious. We have a serious issue and then members posting Black Eyed Peas and Tim Duncan's pictures as a reference. Only on Clutchfans...
I wonder how many people laughed and were like huh huh dudes only have Y chromosomes. And if you weren't a biology major, I'm sorry and the joke wasnt good to begin with. But yeah you dont want to have a daughter if youre r****ded.
The sperm banks can screen the sperm and pick out one sperm to fertilize the leg. I guess it depends on the genetic disease. They could screen out most of the inherited genetic diseases and put the list on the contract.
Class action suit against God for even creating a faulty planet Earth to live on, who's with me? Utah Jazz existence makes our lives miserable. Lawsuit against Brigham Young's decendant family. So many ethical dilemmas this can touch... Once heard a radio show host say its bound to happen that sperm bank baby parents would try to seek out child support from the original sperm donor.This is a different matter here, but can see it being a gateway to that kind of thing.
