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Woman sues US sperm bank again for sperm mix-up

3 May 2016
Appeared in BioNews 849

A woman is suing a sperm bank in the USA for the second time, alleging that it provided sperm from the wrong donor.

Jennifer Cramblett is suing Midwest Sperm Bank for consumer fraud, negligence and breach of contract after providing sperm from an African-American donor, which according to the claim form, led to the birth of 'a beautiful, obviously mixed-race, baby girl'. Cramblett is Caucasian and had requested sperm from a Caucasian donor (see BioNews 774).

The claim form states that Cramblett 'is now facing numerous challenges and external pressures associated with an unplanned transracial parent–child relationship for which she was not, and is not, prepared'.

It also states that Cramblett and her family require long-term counselling and a 'change of domicile to a place that is more racially and culturally diverse'. She is seeking damages in excess of US$75,000.

It is the second time Cramblett has attempted to sue the sperm bank. An Illinois state court threw out her claim last year, saying that it could not proceed as a wrongful birth action, but the judge said that she could resubmit her claim under a different action (see BioNews 818).

Speaking at the time, Cramblett told NBC News: 'I am happy that I have a healthy child, but I'm not going to let them get away with not being held accountable.'

Midwest Sperm Bank Sued Twice - This Time for Fraud, Breach of Contract and Negligence
Lawyer Herald |  26 April 2016
Sperm Bank Sued over Donor Mix-Up
The National Law Journal |  22 April 2016
White woman sues sperm bank—again—after getting black man's sperm
ArsTechnica |  26 April 2016
Woman who claims Downers Grove sperm bank used wrong sample files federal lawsuit
Daily Herald |  27 April 2016
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