An Ohio woman was given the wrong sperm donation and after filing a lawsuit against the sperm bank, her case has been dismissed.
Jennifer Cramblett filed a lawsuit against Midwest Sperm Bank alleging wrongful birth and breach of warranty. Judge Ronald Sutter threw out the case, reports The Guardian. The judge told Cramblett she would be able to refile the lawsuit under a negligence claim.
According to Daily Mail, Cramblett became pregnant through artificial insemination. She and her partner, Amanda Zinkon, chose a white sperm donor but due to a clerical error she was impregnated with a black man’s sperm instead.
When the mistake was discovered, the sperm bank offered an apology and a partial refund.
Cramblett said that she loves her 3-year-old daughter, but that she was raised around stereotypical views of minorities and that she has “limited cultural competency” with African-Americans.
Sutter said that the case could not proceed under either of those standards. Midwest Sperm Bank’s attorney Bob Summers argued during the case that “wrongful birth” does not apply if the baby is born healthy, which Cramblett’s daughter was.
“Wrongful birth” cases address cases where medical testing failed to show risks of congenital or hereditary disorders to a child before birth, according to Summers.
Sutter agreed with Summer, dismissing the “wrongful birth” claim. He then also dismissed Cramblett’s claim that the sperm bank’s mistake amounted to a “breach of warranty” under a law that covers blood and tissue donations.
Lynsey Stewart, another attorney representing Midwest Sperm Bank, said that the Illinois Blood and Organ Transaction Liability Act which Cramblett referred to was not intended to address situations such as hers. According to Stewart, the act addresses many different types of medical situations, but that it clearly omits sperm donations.