Sperm bank responds to accusations it misrepresented donor

AP News
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Posted: Apr 29, 2015 2:50 PM

ATLANTA (AP) — A Georgia-based sperm bank said in a court filing Wednesday that a lawsuit accusing it of misrepresenting the medical and social history of a sperm donor is baseless.

Xytex Corp. responded Wednesday to the lawsuit filed last month in Fulton County Superior Court by Angela Collins and Margaret Elizabeth Hanson, who live in Canada.

Collins and Hanson alleged that sperm bank employees talked up the donor, saying he was smart, healthy and mature. They later found out the donor is schizophrenic, dropped out of college and had been arrested for burglary, they said in the lawsuit.

"Xytex followed industry standards, including interviews with the donor regarding his health and a standard medical examination," the company said in its court filing. "The donor reported a good health history and stated in his application that he had no physical or mental impairments."

Xytex also made it clear in writing throughout the process that, "The medical and social history was provided by the donor and cannot be verified for accuracy," the company's filing says.

Additionally, the couple's lawyer has said repeatedly in the media that the couple's 7-year-old son is healthy, Xytex said in its response.

Collins and Hanson said in their lawsuit the revelation that their son's biological father has schizophrenia means they have to pay to have the boy evaluated regularly and, in the event that he does become schizophrenic, get him treatment.

The couple wants a medical monitoring fund established for the estimated three dozen children of the donor so they can be tested and treated, if necessary. Collins and Hanson are also seeking punitive damages and other compensation.

Their lawyer did not immediately respond to an email Wednesday seeking comment on the Xytex filing.

Collins and Hanson also sued the man they say is the donor, and Xytex confirmed his identity in its response.

The Associated Press is not identifying the donor because it was unable to verify all of the claims in the lawsuit. James Johnson, a lawyer for the donor, has said they are trying to get the lawsuit dismissed.