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Eugene

(61,903 posts)
Sat Sep 5, 2015, 02:31 PM Sep 2015

Woman accidentally impregnated with black man's sperm has legal case dismissed

Source: Associated Press

Woman accidentally impregnated with black man's sperm has legal case dismissed

Associated Press in Ohio
Saturday 5 September 2015 15.40 BST

A judge has dismissed a white Ohio woman’s lawsuit accusing an Illinois sperm bank of mistakenly providing sperm from a black donor, resulting in a mixed-race child the mother said she was not culturally prepared to raise.

DuPage County judge Ronald Sutter tossed the lawsuit alleging wrongful birth and breach of warranty on Thursday, the Chicago Tribune reported. But he said Jennifer Cramblett of Uniontown, Ohio, could refile her lawsuit against Midwest Sperm Bank under a negligence claim.

Cramblett became pregnant in December 2011 through artificial insemination using sperm donated by a black man instead of the white donor whom she and her partner selected. When the mistake due to clerical error was discovered, the sperm bank issued an apology and a partial refund.

Cramblett, said she loves her three-year-old daughter. But she said that she was raised around stereotypical attitudes toward minorities and that she has “limited cultural competency” with African Americans.

Sutter ruled Thursday that Cramblett’s lawsuit couldn’t proceed under either of those standards.

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Read more: http://www.theguardian.com/us-news/2015/sep/05/judge-dismisses-white-woman-lawsuit-black-sperm-donation
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Woman accidentally impregnated with black man's sperm has legal case dismissed (Original Post) Eugene Sep 2015 OP
They're certainly entitled to full reimbursment from the sperm bank rocktivity Sep 2015 #1
Partial refund??? Snobblevitch Sep 2015 #2
As the mother of a child with multiple birth defects, I find her attitude toward her daughter appleannie1 Sep 2015 #3
Didn't read the article, huh? Scootaloo Sep 2015 #4
Or they read the article and dismissed the claim that she loves the kid given her actions mythology Sep 2015 #7
It was anything but a "pretty minor mistake", it was gross negligence. cleanhippie Sep 2015 #27
There are no damages jberryhill Sep 2015 #33
She should get a major award. There is no excuse for what the sperm bank did. BillZBubb Sep 2015 #5
No, she just has her own racial issues .... kwassa Sep 2015 #6
The child deserves the settlement. I can't imagine what it would be like for stevenleser Sep 2015 #8
yes i wonder if she would to it JI7 Sep 2015 #9
Would *what* to it? nt tblue37 Sep 2015 #37
would agree that any money she gets would go to the child JI7 Sep 2015 #38
There is at least one word missing in your post that I asked about. nt tblue37 Sep 2015 #39
typo , "to" should have been "do" JI7 Sep 2015 #40
Oh, OK--now it makes sense. nt tblue37 Sep 2015 #42
I agree, but the child won't see this settlement. kwassa Sep 2015 #10
That's quite judgmental of you, kwassa. cleanhippie Sep 2015 #28
You are being the judgmental one, as you don't know what I know. kwassa Sep 2015 #29
Thanks for all your contributions JustAnotherGen Sep 2015 #44
+1 to you and kwassa's comments. This whole thing is heartbreaking and I feel so deeply for that Number23 Sep 2015 #13
+1 Starry Messenger Sep 2015 #31
Exactly nothing more need be said AuntPatsy Sep 2015 #32
Meh. You don't win if you don't play jberryhill Sep 2015 #49
The child did not bring a suit jberryhill Sep 2015 #34
I wasn't making a legal argument. stevenleser Sep 2015 #46
I'll bet the kid is fine jberryhill Sep 2015 #48
Agreed LittleBlue Sep 2015 #11
I disagree. Her statements may indicate that but, BillZBubb Sep 2015 #12
Cramblett is in a same-sex marriage. Of course a different father had to be involved. kwassa Sep 2015 #14
This message was self-deleted by its author Hekate Sep 2015 #15
wow woolldog Sep 2015 #16
. SouthernProgressive Sep 2015 #18
Just don't mix with me. kwassa Sep 2015 #20
This message was self-deleted by its author Hekate Sep 2015 #21
You don't understand my comment. kwassa Sep 2015 #22
Parenthood is indeed a crapshoot. Apparently we can agree on that. nt Hekate Sep 2015 #24
I'm tired. I quit. Hekate Sep 2015 #59
people foxface666 Sep 2015 #43
People have the right to choose a life partner with whom they may or may not have children me b zola Sep 2015 #53
trust foxface666 Sep 2015 #54
With IVF, all bets are off. kwassa Sep 2015 #19
This message was self-deleted by its author Hekate Sep 2015 #23
Actually, no. Since I am that exact situation, and can speak to it. kwassa Sep 2015 #25
This message was self-deleted by its author Hekate Sep 2015 #30
All the big landowners in Hawaii are white. kwassa Sep 2015 #36
I'm tired. I quit. Hekate Sep 2015 #58
I think they'll notice both parents are women first jberryhill Sep 2015 #50
I'm tired. I quit. Hekate Sep 2015 #57
Correct. jberryhill Sep 2015 #35
I follow what you are saying. I knew about a couple that lost Ilsa Sep 2015 #41
I'm tired. I quit. Hekate Sep 2015 #56
I believe that there should always be a large settlement Crunchy Frog Sep 2015 #17
I also used a sperm donor and I agree, sperm bank should settle rebecca_herman Sep 2015 #26
This is a bad situation for the kid get the red out Sep 2015 #45
I wonder how many of these li ups happen that aren't noticeable Renew Deal Sep 2015 #47
If they gave her the wrong product, she should be entitled bigwillq Sep 2015 #51
If the husband had hope the girl would think he was her biological father, B Calm Sep 2015 #52
It's a two-mom family. There is no father involved. gollygee Sep 2015 #55

rocktivity

(44,577 posts)
1. They're certainly entitled to full reimbursment from the sperm bank
Sat Sep 5, 2015, 02:37 PM
Sep 2015

Last edited Wed Oct 10, 2018, 11:12 PM - Edit history (3)

But if "limited cultural competency" is causing so much distress, a big paycheck isn't going to help: Put the child up for adoption and have the sperm bank cover the bill for their trying again at ANOTHER sperm bank.


rocktivity

Snobblevitch

(1,958 posts)
2. Partial refund???
Sat Sep 5, 2015, 02:42 PM
Sep 2015

This woman should receive a huge settlement due to negligence.

I hope nobody tells this child about the story of her birth.

appleannie1

(5,067 posts)
3. As the mother of a child with multiple birth defects, I find her attitude toward her daughter
Sat Sep 5, 2015, 02:48 PM
Sep 2015

appalling. When you carry a child and give birth to it, you love it unconditionally, or at least you should. No amount of money would make up for what she lacks in the motherhood department. That being said, the sperm bank should reimburse her fully for the mistake they made. Apparently she views her daughter like most people view a new car and since it is not what she expected, she thinks there should be a baby lemon law.

 

mythology

(9,527 posts)
7. Or they read the article and dismissed the claim that she loves the kid given her actions
Sat Sep 5, 2015, 07:04 PM
Sep 2015

My dad claimed to love me and spent 17 years tearing me down to appease his own ego. Words aren't meaningless, but what you do matters more. This woman is going out of her way to sue for a pretty minor mistake that functionally has the impact of telling her kid that the kid was a mistake.

There are times as a parent you have to suck it up and do the right thing for your kid, not yourself.

cleanhippie

(19,705 posts)
27. It was anything but a "pretty minor mistake", it was gross negligence.
Sat Sep 5, 2015, 10:41 PM
Sep 2015

Everything else is irrelevant. The sperm bank was negligent, and they are liable for that negligence. As any business is.

kwassa

(23,340 posts)
6. No, she just has her own racial issues ....
Sat Sep 5, 2015, 07:00 PM
Sep 2015

Just like some people here

White people can raise black children well. It happens all the time. It is not a hardship.

 

stevenleser

(32,886 posts)
8. The child deserves the settlement. I can't imagine what it would be like for
Sat Sep 5, 2015, 07:05 PM
Sep 2015

A multiracial child to find itself being raised by someone who is ethnocentrist against them.

I'm multiracial, and growing up it can be hard enough to fit in and find acceptance in society without having unsupportive parents.

JI7

(89,252 posts)
40. typo , "to" should have been "do"
Sat Sep 5, 2015, 11:50 PM
Sep 2015

actually i think i left out the word "agree".

don't remember.

but my point was i don't think she would agree to anything which results in the child getting the money.

kwassa

(23,340 posts)
10. I agree, but the child won't see this settlement.
Sat Sep 5, 2015, 07:42 PM
Sep 2015

A mother like this will probably not spend it on the child.

She is all about herself.

cleanhippie

(19,705 posts)
28. That's quite judgmental of you, kwassa.
Sat Sep 5, 2015, 10:43 PM
Sep 2015

You don't know a single thing about this woman (and neither do I) and yet you condemn her as greedy and selfish?

Project much maybe?

kwassa

(23,340 posts)
29. You are being the judgmental one, as you don't know what I know.
Sat Sep 5, 2015, 10:59 PM
Sep 2015

I actually read the papers. This story started last October.

The lawsuit is fatuous, and racism is implied from the get-go. She can't get a haircut for her daughter? Oh please. There are many white parents with biracial children who learn how to do the hair. She and her partner CHOSE to move back to her all-white hometown from a multi-ethnic environment, further isolating her own daughter. What wonderful parenting.

This is first-world, white people problems, and underlying it all is selfishness. And racism.

Number23

(24,544 posts)
13. +1 to you and kwassa's comments. This whole thing is heartbreaking and I feel so deeply for that
Sat Sep 5, 2015, 08:00 PM
Sep 2015

little girl

 

jberryhill

(62,444 posts)
49. Meh. You don't win if you don't play
Sun Sep 6, 2015, 08:27 AM
Sep 2015

This is America. I don't blame someone for looking to make a buck.

She's "cold" for seeking to enrich her household? It's not as if the kid wouldn't benefit from them having a pile of cash.

People bring suits for all manner of obstetric malpractice. In this one, though, there's no injury to pay for.

 

jberryhill

(62,444 posts)
34. The child did not bring a suit
Sat Sep 5, 2015, 11:25 PM
Sep 2015

The court could appoint a guardian ad litem, but I'm fascinated by the notion of people in this thread that there is a compensable injury here.

I'm not too surprised, given the popular folklore about how negligence law works, but I'd like to see you or anyone lay out a list of actually cognizable injuries here, and in what amounts.

That anyone would even need counseling for anything is wholly speculative.

But show me a damage computation.
 

stevenleser

(32,886 posts)
46. I wasn't making a legal argument.
Sun Sep 6, 2015, 07:22 AM
Sep 2015

I know the child isn't the plaintiff and I have no idea if there is a legal basis for a claim on the child's behalf.

I'm simply saying of all the parties here, I think the child is the real victim and deserves the most compassion.

 

jberryhill

(62,444 posts)
48. I'll bet the kid is fine
Sun Sep 6, 2015, 08:22 AM
Sep 2015

If there were compensation to be had for having strained parental relations, every courthouse would look like the Budapest train station.

What this woman has said in court filings looking for a payday, and what goes on at home are, I'd wager good money, two entirely different things.

The child is three and nobody's gone hungry, hurt or crazy. They'll be fine.
 

LittleBlue

(10,362 posts)
11. Agreed
Sat Sep 5, 2015, 07:59 PM
Sep 2015

Some day that girl will grow up and use Google. She's going to find out that her mother considered her less desirable due to her race. That will cause a ton of issues for her.

The sperm bank is 100% in the wrong but she should have sought a settlement confidentiality if she just wanted money.

BillZBubb

(10,650 posts)
12. I disagree. Her statements may indicate that but,
Sat Sep 5, 2015, 08:00 PM
Sep 2015

for me the issue is that her husband and her would not have a mixed race child by themselves. A different father had to be involved. Therefore, in public it raises the question of infidelity. Public shaming might ensue not due to the race issue, but because it is obvious the husband isn't the father. I think that is worth big lawsuit.

kwassa

(23,340 posts)
14. Cramblett is in a same-sex marriage. Of course a different father had to be involved.
Sat Sep 5, 2015, 08:09 PM
Sep 2015

The sperm had to come from somewhere.

She and her partner also moved from a diverse environment to her predominately white home town, as part of a lesbian couple.

Riddle me that.

Response to Eugene (Original post)

 

woolldog

(8,791 posts)
16. wow
Sat Sep 5, 2015, 09:19 PM
Sep 2015

"All you judgmental people, ask yourself how you'd feel as an infertile couple, spending tens of thousands of dollars for intensive medical procedures, and you pick a donor who looks somewhat like you do. You are in a relationship, and if you could have gotten pregnant the usual way, you would have and you would expect your kid to look like you.

Say you are an Asian couple and your in vitro infant has light colored very curly hair and gray eyes, not typical of anyone in your family. Say you are African American, which almost by definition is a mixed race category due to slavery, and your infant has light green eyes and red hair because the accidental donor was white and the recessive genes in your family popped up to join the fun. You might confess to shock, and you would be human to do so."

This post is really disturbing. All children are a blessing and should be treated as such, regardless of their race or looks.

 

SouthernProgressive

(1,810 posts)
18. .
Sat Sep 5, 2015, 09:31 PM
Sep 2015

"If you think I'm just confabulating these results, let me mention again that I grew up in Hawai'i, where the population has been happily intermarrying for over 200 years. I love watching what happens when you stir up the gene pool with cheerful abandon. Voluntarily."

Response to kwassa (Reply #20)

kwassa

(23,340 posts)
22. You don't understand my comment.
Sat Sep 5, 2015, 10:24 PM
Sep 2015

I've been to Hawaii, I've seen the multiethnic society with very few white people involved.

Bizarre food combos. Pierogies, squid, and two scoop rice. Rada's Piroscki, as she spells it.

What I am saying is that there is no guarantee that IVF kids will look like their parents, regardless of racial background. That is the point.

me b zola

(19,053 posts)
53. People have the right to choose a life partner with whom they may or may not have children
Sun Sep 6, 2015, 09:46 AM
Sep 2015

But to say that "people have the right to choose what type of kid they want to have" illustrates how children have become little more than commodities with little to no regard for the human being being purchased. Privileged people clutch their pearls when those of us who have had our identity, history, natural family, and genealogy taken from us and locked away along with the right to access that information state that we believe we have the right to our own information and birth documents. But that's how privilege works, your privilege prevents you from understanding what those of us without that privilege experience.

 

foxface666

(29 posts)
54. trust
Sun Sep 6, 2015, 10:38 AM
Sep 2015

me.iam not previliged by any stretch of imagination. of course in the future there will be more opportunities for prospective parents to choose the characteristics they prefer in their children using embryo selection.

kwassa

(23,340 posts)
19. With IVF, all bets are off.
Sat Sep 5, 2015, 09:43 PM
Sep 2015

Even if your child was the same race as you, even with the same color hair and eyes, the child could end up looking ABSOLUTELY NOTHING LIKE YOU. Different nose, chin, face shape, overall body shape, in many different ways.

You take your chances, just as you take your chances with your own biological child. There are no guarantees as to the results.

The larger question is this: why are you trying to hide the fact that your child is the result of a sperm donor?

My neighbors down the street went to a surrogate for their most recent child. They are totally public about it, and have one incredibly cute baby. My wife and I are adoptive parents, and we are totally public about it. If asked, we tell the truth, to our wonderful daughter and anyone else. We are an interracial couple, my wife and daughter are black.

There are also transracial adoptions all over the place around here. Seeing a parent with their child that is clearly biologically not theirs is really not a big deal.

Response to kwassa (Reply #19)

kwassa

(23,340 posts)
25. Actually, no. Since I am that exact situation, and can speak to it.
Sat Sep 5, 2015, 10:35 PM
Sep 2015

I guess that people notice. I don't look for their reactions. When I do, I don't see a reaction.

So what? I notice them, too.

The reality is this: almost no one comments, ever. Almost all appear not even to care. That is the reality. We live in a multi-ethnic and multi-racial America.

I am actually rather shocked that anyone in Hawaii can actually care about this, because Hawaii is the most racially blended society I ever encountered. Maybe this is about the white minority there trying to preserve their privilege.

All the sons and daughters of the missionaries that cashed in on being there first, families like Carter, Hawley, and Hale, and Dole ......

Response to kwassa (Reply #25)

kwassa

(23,340 posts)
36. All the big landowners in Hawaii are white.
Sat Sep 5, 2015, 11:31 PM
Sep 2015

that are not federal or state lands.

Many are descended from the Christian missionaries that came to convert the indigenous Hawaiians.

Ilsa

(61,695 posts)
41. I follow what you are saying. I knew about a couple that lost
Sat Sep 5, 2015, 11:51 PM
Sep 2015

Two children to a devastating inherited disease. Each parent carried the recessive gene and twice, the fetus inherited the disease, resulting in death at a young age.

In order to start their family, they decided to go to a sperm bank. They selected a donor with characteristics as close as possible to the man who would raise the kids. This was a very private, sensitive situation, having kids that were not biologically the father's. If the bank had made such an error, it would have caused incredible pain and grief for the parents in dealing with the rest of their family.

But I have no idea what damages due to neglect should be. Perhaps closure of the facility? New management?

Crunchy Frog

(26,587 posts)
17. I believe that there should always be a large settlement
Sat Sep 5, 2015, 09:25 PM
Sep 2015

in cases where there is a donor mixup, simply out of respect for reproductive rights, and of how intensely personal a choice of donor is. Plus it's the sperm banks JOB to get this sort of thing right.

My two sons are IVF, through donor sperm, and I put a HELL of a lot of time and effort and thought into my decision. I personally did not rule out any donors on the basis of race, and even ordered the long profile of at least one AA. In retrospect, and seeing what this country is currently like for young AA men, I'm just as glad that I didn't end up going that route. I can't even begin to imagine the sort of guilt, and fear that I'd be dealing with in the aftermath of Treyvon Martin and all the other shit that's been happening.

My belief is that when someone chooses a sperm donor from one of these facilities, they are making a choice. We don't have to like or respect the choice that someone makes here, but should respect the fact that it was their choice, and one of the most intimate and personal choices that one can make.

Putting on my flame retardant suit now.

rebecca_herman

(617 posts)
26. I also used a sperm donor and I agree, sperm bank should settle
Sat Sep 5, 2015, 10:35 PM
Sep 2015

I am a single mother by choice. After much thought, I ultimately made the decision to use a donor of the same racial, ethnic, religious background as myself and my family. My family is not diverse - my grandparents were first generation born in America and pretty much everyone has married, had children, with people who are ethnically just like them. I felt it would be easiest for my child to fit in with their only legal and social family and not have a heritage they didn't share with a single person in their family.

If I had not been single, but married to an infertile man, I would have chosen a donor of my hypothetical husband's race/ethnicity. So if the husband had been a different race than I am, the child would have had him and his whole family to share that with and not be the only one, and possibly feel like an outsider. My child might already feel different someday because I purposely had her on my own with donor, I wouldn't want to make her feel even more different.

After reading about this case, I am appalled that in this day and age, the bank was using handwriting records and relying on the employees to read them correctly. The bank I used had all electronic records, all vials had a NON HANDWRITTEN label attached, and the doctor I chose for the procedure required me to tell him from memory the donor number I had chosen so he could confirm it matched what was typed on the vial of sperm before going ahead with the procedure.

What donor to use is a deeply personal choice and in the end this is also about bodily autonomy.

 

bigwillq

(72,790 posts)
51. If they gave her the wrong product, she should be entitled
Sun Sep 6, 2015, 08:43 AM
Sep 2015

to some form of compensation, and not just a "partial" refund.

But the reason she filed a lawsuit is just bizzare, imo. "limited cultural competency" What?????



gollygee

(22,336 posts)
55. It's a two-mom family. There is no father involved.
Sun Sep 6, 2015, 10:43 AM
Sep 2015

Everyone will know one of the moms isn't the bio parent anyway.

Edit: I can understand them being bummed out that the baby doesn't look like she could theoretically be a bio child (I know a white/black lesbian couple who intentionally had a biracial child for this reason) but I worry about the child learning about this, and that is inevitable in the age of the internet. How will she feel when she reads about her parents being unhappy with her as she is? And they specifically say it's because she's African American. How does that make her feel about herself?

I agree with everyone that having a baby is a crap shoot. You take your chances and love unconditionally. I'm not seeing unconditional love here.

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