Sperm bank sued after woman impregnated from black donor

[EVT1]

I can see they did not get what they paid for, but really- what are the 'damages'?  Love to hear the arguments on this one.

news.yahoo.com/white-ohio-woman-sues-over-sperm-black-donor-153715939.html

     Cramblett said she and Zinkon love their 2-year-old daughter, Payton, very much and wouldn't change anything about her. But they are concerned about raising her in the predominantly white community where they live.

     The lawsuit said they had moved from Akron to Uniontown for better schools and to be closer to Cramblett's family. She said that as a lesbian she has felt the sting of prejudice but doesn't know what it's like to be mistreated because of skin color.

     The lawsuit says Cramblett also is worried about how Payton will be treated in her "all-white, and often unconsciously insensitive family."

     Therapists have recommended that Cramblett, Zinkon and Payton move to a more racially diverse community with good schools, the lawsuit said.

What great advice

[sesfw]

Cramblett said she decided to sue to prevent the sperm bank from making the same mistake again.

I have to agree with this one.  There needs to be closer scrutiny on 'filling the orders'.  To me it's like any medical facility that sends the wrong product.

This habit needs to stop now, and if a lawsuit is what it takes .......

[The Captain]

Oct 2, 2014 14:43:49 GMT -5 EVT1 said:

I can see they did not get what they paid for, but really- what are the 'damages'?  Love to hear the arguments on this one.

news.yahoo.com/white-ohio-woman-sues-over-sperm-black-donor-153715939.html

     Cramblett said she and Zinkon love their 2-year-old daughter, Payton, very much and wouldn't change anything about her. But they are concerned about raising her in the predominantly white community where they live.

     The lawsuit said they had moved from Akron to Uniontown for better schools and to be closer to Cramblett's family. She said that as a lesbian she has felt the sting of prejudice but doesn't know what it's like to be mistreated because of skin color.

     The lawsuit says Cramblett also is worried about how Payton will be treated in her "all-white, and often unconsciously insensitive family."

     Therapists have recommended that Cramblett, Zinkon and Payton move to a more racially diverse community with good schools, the lawsuit said.

What great advice

I am a pasty white girl.  I will never know what it will be like to be passed by a cab driver because I'm black.  I will never have someone assume they are my superior simply because they are white.  My hair is "good hair" and I don't have to use special products to keep it under control. 

My daughter looks the same as me.  I can relate to the crap she has to deal with (well - except for the hair) because I've been there myself.  I will never have to try to help her deal with someone calling her a stupid n***er.  I will never be unable to deal with her being treated differently because of her race.

To make a choice to take on these challenges is one thing, to have them pushed off on someone and then marganialize what people from a racial minority have to deal with is something else entirely. 

These women were put in the position of raising a daughter who will deal with nuances with which they have no experience.  Being the daughter of two mommies will be hard enough in a white bread area, put in that plus being a minority child and that's a lot for someone to take on who does not have experience.

They are not asking for millions, just enough IMHO to make the centers realize that there may be a reason people want kids who will not have to deal with issues they have never encountered.

[kittensaver]

I agree with sesfw. It would not bother me at all to raise a bi-racial child (the world is full of mixed race persons), but I would want to try and help assure that a clear medical error such as this does not happen again. I think the clinic SHOULD be held accountable for its medical error.

[Virgil Showlion]

I can see they did not get what they paid for, but really- what are the 'damages'?

For reasons I can't imagine, they may have wanted people to think that their daughter was her husband's offspring.

ETA: Never mind. I just read the article. The only reasonable explanation left is that she doesn't want a black child. I don't know why it constitutes a tort, but you guys south of the border sue if your coffee is too hot.

[chiver78]

Oct 2, 2014 17:12:27 GMT -5 Virgil Showlion said:

I can see they did not get what they paid for, but really- what are the 'damages'?

For reasons I can't imagine, they may have wanted people to think that their daughter was her husband's offspring.

there's no husband. it's a lesbian couple.

I saw the interview this morning with the mother who carried the child, and haven't quite sorted out my thoughts on this case just yet. will hold off posting more in here until I have done so.

[Virgil Showlion]

Oct 2, 2014 17:16:32 GMT -5 chiver78 said:

Oct 2, 2014 17:12:27 GMT -5 Virgil Showlion said:

For reasons I can't imagine, they may have wanted people to think that their daughter was her husband's offspring.

there's no husband. it's a lesbian couple.

I saw the interview this morning with the mother who carried the child, and haven't quite sorted out my thoughts on this case just yet. will hold off posting more in here until I have done so.

Too slow. Already corrected.

[chiver78]

I saw after I posted. I left it b/c I still had my own unsure thoughts in that post. it's all good.

[EVT1]

Oct 2, 2014 17:12:27 GMT -5 Virgil Showlion said:

I can see they did not get what they paid for, but really- what are the 'damages'?

For reasons I can't imagine, they may have wanted people to think that their daughter was her husband's offspring.

ETA: Never mind. I just read the article. The only reasonable explanation left is that she doesn't want a black child. I don't know why it constitutes a tort, but you guys south of the border sue if your coffee is too hot.

I don't see it that way- it's not like she planned on giving her back or sued for a million dollars (the cost of raising an unwanted child for example in torts where the woman winds up pregnant because of a botched operation)

Sounds to me like it is impossible to show any specific damages.  Maybe there will be, maybe not- unlike hot coffee where that lady had a good case.

[Deleted]

Oct 2, 2014 17:44:27 GMT -5 EVT1 said:

Oct 2, 2014 17:12:27 GMT -5 Virgil Showlion said:

For reasons I can't imagine, they may have wanted people to think that their daughter was her husband's offspring.

ETA: Never mind. I just read the article. The only reasonable explanation left is that she doesn't want a black child. I don't know why it constitutes a tort, but you guys south of the border sue if your coffee is too hot.

I don't see it that way- it's not like she planned on giving her back or sued for a million dollars (the cost of raising an unwanted child for example in torts where the woman winds up pregnant because of a botched operation)

Sounds to me like it is impossible to show any specific damages.  Maybe there will be, maybe not- unlike hot coffee where that lady had a good case.

If you equate "is/was complete BS" with "had a good case"... I agree with you.

This case, on the other had IS a good one. They asked for a white donor, they (obviously) didn't get a white donor.

[EVT1]

Oct 2, 2014 18:34:12 GMT -5 @richardintn said:

Oct 2, 2014 17:44:27 GMT -5 EVT1 said:

I don't see it that way- it's not like she planned on giving her back or sued for a million dollars (the cost of raising an unwanted child for example in torts where the woman winds up pregnant because of a botched operation)

Sounds to me like it is impossible to show any specific damages.  Maybe there will be, maybe not- unlike hot coffee where that lady had a good case.

If you equate "is/was complete BS" with "had a good case"... I agree with you.

This case, on the other had IS a good one. They asked for a white donor, they (obviously) didn't get a white donor.

Not going to argue that one in this thread- but if you think the McDonald's lawsuit over the coffee was frivolous I suggest you research it.

But here there is a breach of contract- fair enough- but it seems to me the only damages would be punitive as there are no actual damages I can think of.  It isn't a body shop that was shipped the wrong color paint.

[Miss Tequila]

They paid money for the sperm of a white male. If they had wanted the sperm of a black male they would have paid for that instead. I would have sued, too.

[Deleted]

Oct 2, 2014 19:40:37 GMT -5 EVT1 said:

Oct 2, 2014 18:34:12 GMT -5 @richardintn said:

If you equate "is/was complete BS" with "had a good case"... I agree with you.

This case, on the other had IS a good one. They asked for a white donor, they (obviously) didn't get a white donor.

Not going to argue that one in this thread- but if you think the McDonald's lawsuit over the coffee was frivolous I suggest you research it.

But here there is a breach of contract- fair enough- but it seems to me the only damages would be punitive as there are no actual damages I can think of.  It isn't a body shop that was shipped the wrong color paint.

I have researched it. Extensively. It was frivolous (I didn't say she didn't win... but people win lawsuits that they shouldn't win all the time).

I do agree that the only damages would be punitive. But punitive damages have a very important purpose. They tell others that, in the future, this issue will cost you if you let it happen. Because of that, new procedures are developed that limit, or eliminate altogether, future instances of the event that caused the punitive lawsuit.

[EVT1]

Oct 2, 2014 20:16:55 GMT -5 @richardintn said:

Oct 2, 2014 19:40:37 GMT -5 EVT1 said:

Not going to argue that one in this thread- but if you think the McDonald's lawsuit over the coffee was frivolous I suggest you research it.

But here there is a breach of contract- fair enough- but it seems to me the only damages would be punitive as there are no actual damages I can think of.  It isn't a body shop that was shipped the wrong color paint.

I have researched it. Extensively. It was frivolous (I didn't say she didn't win... but people win lawsuits that they shouldn't win all the time).

I do agree that the only damages would be punitive. But punitive damages have a very important purpose. They tell others that, in the future, this issue will cost you if you let it happen. Because of that, new procedures are developed that limit, or eliminate altogether, future instances of the event that caused the punitive lawsuit.

I agree punitive is about all there is- I think a fair resolution would be the meager 50K they are suing for being put into a trust fund for their daughter.

And against my better judgment- if you are aware of the lawsuit then you are aware that the lady had 3rd degree burns and initially only asked for medical bills, and McDonalds turned it into a circus.  While I agree with you that the lady was responsible for spilling it, McDonalds was plenty aware that it was likely to happen and made a choice to keep the temperature at that level.  Frivolous it was not. 

 

[TheHaitian]

Tomorrow morning at 7:30 I am scheduled to have a semen analysis.

Based on the result, a reproductive specialist will let us know in a week if there is any chance in hell for them to use my sperm to impregnate my wife.

My urologist already recommended a great sperm bank in Boston in case we go down that road.

We are black, no doubt about it. We have been looking at profiles of "black donors" and "Haitian" as an added plus. Call it silly but even if the kid is not biologically mine, we want a "black" child that can identify with mommy and daddy, a child that fit in with his/her other cousins.

So yes, if by "mistake" we are given a pasty white male sperm and have a kid that looks nothing like us... We will sue.

Because being black is hard enough, don't need people giving my kids "extra" weird looks.

Because my wife or MIL have no intentions of being mistaken for the "nanny" when they are walking the baby.

Because I have no intentions of having people call the cops on my ass if one day my kids is having a tantrum and they think I am kidnapping him (actually happen to a friend, a surgeon that married his white wife that is a nurse and adopted her son that is white from a previous relationship). They called the cops on him because they thought he was kidnapping the child...

Because we want our child to face the fact we use a sperm donor on their terms not because kids are saying: your parents are Black but you are white or mix.

Because I don't care to explain my child or how it happen : divorce, adopted, other parent to every event we go because our child doesn't look like us.

Might be petty to the OP but important to us and I am guessing important to the mothers that are suing.

[EVT1]

Oct 2, 2014 20:46:54 GMT -5 TheHaitian said:

Tomorrow morning at 7:30 I am scheduled to have a semen analysis.

Based on the result, a reproductive specialist will let us know in a week if there is any chance in hell for them to use my sperm to impregnate my wife.

My urologist already recommended a great sperm bank in Boston in case we go down that road.

We are black, no doubt about it. We have been looking at profiles of "black donors" and "Haitian" as an added plus. Call it silly but even if the kid is not biologically mine, we want a "black" child that can identify with mommy and daddy, a child that fit in with his/her other cousins.

So yes, if by "mistake" we are given a pasty white male sperm and have a kid that looks nothing like us... We will sue.

Because being black is hard enough, don't need people giving my kids "extra" weird looks.

Because my wife or MIL have no intentions of being mistaken for the "nanny" when they are walking the baby.

Because I have no intentions of having people call the cops on my ass if one day my kids is having a tantrum and they think I am kidnapping him (actually happen to a friend, a surgeon that married his white wife that is a nurse and adopted her son that is white from a previous relationship). They called the cops on him because they thought he was kidnapping the child...

Because we want our child to face the fact we use a sperm donor on their terms not because kids are saying: your parents are Black but you are white or mix.

Because I don't care to explain my child or how it happen : divorce, adopted, other parent to every event we go because our child doesn't look like us.

Might be petty to the OP but important to us and I am guessing important to the mothers that are suing.

Understand what you are saying- but what are you going to sue for- other than as a punitive measure for the company screwing up?

That hypothesis puts you in the exact same situation- just reversed.

Says a lot about race in this country, that a black family with a white child has to worry about the same kinds of bullshit that a white family with a black child does.

But does make an obvious general point- that this country is still full of rotten people.

[djAdvocate]

i think sperm banks should ONLY allow interracial insemination. 

[Ava]

In general, I believe we live in a very confrontational and "sue-happy" society, but I think these two ladies have a point.
The clinic made a huge mistake. That means there aren't enough controls in place. Maybe other mistakes have taken place.
What if they use sperm from someone with HIV instead of discarding it?
What if they misplace or lose samples?

[TheHaitian]

Oct 2, 2014 21:17:52 GMT -5 EVT1 said:

Understand what you are saying- but what are you going to sue for- other than as a punitive measure for the company screwing up?

That hypothesis puts you in the exact same situation- just reversed.

Says a lot about race in this country, that a black family with a white child has to worry about the same kinds of bullshit that a white family with a black child does.

But does make an obvious general point- that this country is still full of rotten people.

And that is exactly what the moms are suing for, punitive measure for the company that screwed up. And it will put them and other sperm banks on alert and put safeguards in place so they don't mess up like that again.

Just because America elected a Mixed president doesn't mean race issues suddenly disappeared

Another thing that you may not be aware of but the black community is fully aware of since the good old slavery days; the mulatto effect.

The black community doesn't fully accept you because you are not "technically black" and same goes for the white community because to them you will always be "black". And you have some lucky ones that are pale enough to "pass" as white.

Yep, another set of issues to deal with; a kid that doesn't know where they fit: am I black? Am I white?

It is not as simple as you make it sound. My aunt once said to my cousin that is gay: son , being a black male is hard enough... Now I also have to worry about you being "gay".

Same can be said for those mothers: being the child of lesbian will be hard enough... Maybe they did not want to have to also worry about their daughter being mixed/black.

[Tennesseer]

I appreciate your position, Carl.  Good luck with your test tomorrow.

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

TheHaitian - all the best for you and the Mrs. Would it be possible for you to choose your donor should you require one?

[Deleted]

Researchers need to find the "color genes" and develop a virus that makes everyone, planet-wide, purple.

[Green Eyed Lady]

To me, there is nothing more personal than the decision to start a family with someone you love.  Everyone (or most anyway) who decides to start a family makes a decision of whom to start that family with, understanding the outcome of that coupling.  That is all this couple asked for - to make a decision about their family.  That decision was completely disregarded/voided by complete carelessness.  This company, IMO, did not care enough about their clients to take adequate steps to ensure they delivered on their promises.  They give their clients options.  Those clients choose from those options.  It is up to the agency to deliver on those choices.   I don't blame them for suing.  Obviously, if they were in it for the money, they'd sue for a lot more.  They are trying to make a point and I don't blame them.

What a beautiful little girl.  I wish everything wonderful in life for her.

[djAdvocate]

what's SPREM, btw?

[Green Eyed Lady]

Merps spelled backwards?

[djAdvocate]

Oct 2, 2014 23:15:39 GMT -5 Green Eyed Lady said:

Merps spelled backwards?

i just have to hassle EVT every so often.

[Opti]

Oct 2, 2014 22:42:22 GMT -5 @richardintn said:

Researchers need to find the "color genes" and develop a virus that makes everyone, planet-wide, purple.

FWIW, one of the theories was eventually we would all be gray...

Not sure how they got that, but I think purple is for other planets.

(I know you are guys, but women can surely imagine the challenges of

finding makeup as the first or first few purple skinned women. )

And what color of hair would we have?

I think I'll vote for turquoise.

[Opti]

Oct 2, 2014 23:23:34 GMT -5 @dayjawho said:

Oct 2, 2014 17:12:27 GMT -5 Virgil Showlion said:

For reasons I can't imagine, they may have wanted people to think that their daughter was her husband's offspring.

ETA: Never mind. I just read the article. The only reasonable explanation left is that she doesn't want a black child. I don't know why it constitutes a tort, but you guys south of the border sue if your coffee is too hot.

I see nothing reasonable at all about that conclusion. Predictable, yes. Reasonable, no.

It was reasonable if and only if you were Virgil.

[Wisconsin Beth]

Oct 2, 2014 16:41:51 GMT -5 kittensaver said:

I agree with sesfw. It would not bother me at all to raise a bi-racial child (the world is full of mixed race persons), but I would want to try and help assure that a clear medical error such as this does not happen again. I think the clinic SHOULD be held accountable for its medical error.

WAs it an actual error or outright fraud? 

[deziloooooo]

Kid looks cute as one could hope for but considering what people do sue for...here there definite was a major mistake..seems they { plaintiff } are asking for reasonable amounts..why not a law suit...From what I read , if I was on a jury..naturally depending on the information given by other side..I would favor a settlement for them..the plaintiffs...actually I can see them..insurance company settling ..rather then going to trial....if they have insurance...