DOWNERS GROVE, Ill. (AP) — A sperm bank in Illinois is arguing for the dismissal of a lawsuit accusing it of mistakenly providing sperm from a black donor to a white Ohio woman, arguing that the baby was born healthy.
The Chicago Tribune (http://trib.in/1PcxEcA ) reports that lawyers representing Midwest Sperm Bank say state law doesn't allow for damages arising from the birth of a healthy child.
Jennifer 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. Her lawsuit accuses the sperm bank of breach of warranty and "wrongful birth."
Attorneys for the sperm bank say those allegations don't apply because the sperm wasn't deficient or contaminated, and the child wasn't born with a hereditary or genetic disorder.
Information from: Chicago Tribune, http://www.chicagotribune.com