Woman impregnated by mistake with black man’s sperm loses court case

a reply to: Boeing777

She had an instrument inserted into her that she thought had one man's genetic material but instead had another's.

That would be no different than a woman to agreeing to having sex with her boyfriend and another man jumping into bed with her and having sex with her against her will(or without her knowledge, say a dark room). She agreed to first man not the second. Therefore second is rape.

originally posted by: ElectricDipole

originally posted by: boncho

originally posted by: ElectricDipole

originally posted by: boncho

originally posted by: Woodcarver
a reply to: Boeing777

I find this a touchy subject but.... The company is selling a product. She ordered one thing and she got something else. If you were searching for a car online, and saw a pic of a white car that you liked and then they deliver a black car, wouldn't that company be liable for something?

You can send a car back, you can't send a child back. Huge difference.

Children are not things, cars are. Huge difference.

So you agree with us, the company is liable.

Liable? Yes, except the fact that this is a child. You just can't return it or put up for sale on the internet. Once again, children cannot be compared to anything. They're children. Obviously her mum doesn't like her because of her skin colour.

The company is liable for damages for its malpractice, and I would argue they should also pay for support services over the course of the life of the child.

a reply to: OrphanApology

When exactly does a medical instrument equal to being in bed with two men in the dark? There was no physical contact between her and the sperm donor. The sperm donor wasn't the one operating that instrument either.

The fertility clinic f**ked up. It wasn't her fault. I agree with that. However, opening a court case because her child came out black isn't the smartest thing to do. She could have sued the clinic directly for their incompetence instead.

a reply to: Boeing777

There doesn't have to be physical contact.

If you insert an object into someone against their consent(she agreed to object containing white man's sperm not black man's) then it is rape.

The sperm donor wouldn't be the rapist in this instance it would be the doctor inserting the instrument.

She absolutely should open a case.

Again people don't understand the widespread repercussions of this not being taken to court and her winning. A couple having trouble having children that visit these places would also be effected. Say that a woman and man go there and some employee just decides that he/she doesn't like the man's face and decides to put someone else's sperm into the lady would be able to do so without any repercussion. It's rape in my opinion.

a reply to: OrphanApology

Agree.

originally posted by: Klassified
a reply to: Boeing777
The judge rejected her claim because she sued for the wrong thing...

Dismissing the case, Judge Ronald Sutter, said a “wrongful birth” claim could only be sustained where testing had failed to reveal risks of hereditary or congenital disorders.

However Ms Cramblett has been invited to resubmit her claim on the grounds of negligence.

She is due back in court on December 17.

She has a case. Just not for "wrongful birth".

I agree she should be compensated for their negligence, but that little girl is as cute as a button. Maybe she should adopt her to someone who will truly love and appreciate her, since the mother has "issues" with the color of her skin.

Well in that case, she got bad legal advice. Her lawyer should have known the legal terms to address her concerns.

That said, I do not know her heart... whether her concerns stem from racism. I do, however feel that she paid a large sum of money and chose characteristics of the donor sperm, and the establishment took her money and did not provide what they agreed to provide. So in that way, she does deserve some sort of 'refund.' (For those who say her baby should not be about money... well, the sperm bank made it about money, so there is that.)

a reply to: Boeing777

Knowing that she can bring another suit (for negligence), she should probably get the money for that. since the clinic made a mistake.

BUT, I'm really uncomfortable with her remarks about her "stereotypical attitudes about black people" and “limited cultural competency” regarding African-Americans. She says she loves her child and is going to keep her. If her mild racism is real, and not just a ruse to win a wrongful birth lawsuit, maybe the best thing for the child would be adoption to someone who doesn't have a problem with a mixed race child.

I can't imagine a person looking at their own 3-year-old beautiful daughter and thinking, "African American"... So that sounds like a ruse to me.

But the clinic did screw up and should have to pay for it.

Nothing wrong with giving the incorrect sperm, the baby is healthy....

And there is nothing wrong with Cecil Jacobson who secretly used his own sperm in 75 plus cases, all the babies were healthy, so those mothers should be ashamed of themselves for feeling they were wronged in anyway....

Though I understand her being upset, there has to have been some form to fill out that would NOT have the clinic hold responsibility in case something happened, especially when this applies to almost anything else. IF she would have won this case, then of course others would be able to come forward and start applying this to children with disabilities (not that its even close to the same thing, but an example) because its not what they wanted.

You take a step like this, then you have to deal with the choices you make, I dont know her state of mind, and even if it was a racial thing, she surely wouldnt say it, but maybe another family that does not care about such trivial things, can adopt this blessing.

a reply to: Benevolent Heretic

couldn't agree more

originally posted by: ElectricDipole

originally posted by: boncho

originally posted by: ElectricDipole

originally posted by: boncho

originally posted by: Woodcarver
a reply to: Boeing777

I find this a touchy subject but.... The company is selling a product. She ordered one thing and she got something else. If you were searching for a car online, and saw a pic of a white car that you liked and then they deliver a black car, wouldn't that company be liable for something?

You can send a car back, you can't send a child back. Huge difference.

Children are not things, cars are. Huge difference.

So you agree with us, the company is liable.

Liable? Yes, except the fact that this is a child. You just can't return it or put up for sale on the internet. Once again, children cannot be compared to anything. They're children. Obviously her mum doesn't like her because of her skin colour.

Wrong. the woman has said she wants the child. She just wants to prevent this from happenning in the future to others by suing the clinic for being stupid.

a reply to: Boeing777

what are you talking about? i totally get her being pissed
she selects a white donor and gives birth to a half black kid.
you dont get her being upset?

and for all you super sensitive people, it would be the same if the kid was chinese or whatever.

she should get damages

originally posted by: Boeing777


She asked for a child through a sperm donor and gave birth to one. .

pretty sure race is choice when looking for a donor.
does not sound like she picked a black donor yet she got a black baby.

youre way off on this one

a reply to: ThinkB4USpeak2Me

IF she would have won this case, then of course others would be able to come forward and start applying this to children with disabilities (not that its even close to the same thing, but an example) because its not what they wanted.

I disagree with this comparison. She selected specific characteristics. One being Caucasian child. Pretty sure there is not a check box for disabled vs. non-disabled child, so in that case a parent can't say they did not get what was specifically agreed upon.

She won't be complaining when he turns out to be the next Drake

originally posted by: LeeAndrewCox
She won't be complaining when he turns out to be the next Drake

but if he is the next OJ

originally posted by: TinySickTears

originally posted by: LeeAndrewCox
She won't be complaining when he turns out to be the next Drake

but if he is the next OJ

XD, yep, not cool

a reply to: Boeing777

today it costs 'big bucks' to become a "single mom" especially with spermbanks/ivf procedures, she probably thinks it might be better with a single race baby not a mixed race baby, but now that she's had time bonding with her daughter hopefully they will both be glad a "mistake" was made at the lab

originally posted by: WP4YT
Don't blame her. I've never seen one instance where a black baby being raised by white parents ever works out well. It's a struggle when they are young even taking care of their hair with special products, and there's the body odors too, something white people just don't know how to do.

And when they get older they always identify as black, even if they are mixed. And eventually turn on their white "cracker" parents and reject them, even if they had a good upbringing. Usually happens when they get into their teens and hang out with other blacks who don't have white parents and act "ghetto"

Not true. You have a very Distorted view, my friend.