Jennifer Cramblett, the white woman who gave birth to a biracial child after a sperm bank accidentally sent her vials from a black donor, lost her legal when a judge threw out her “wrongful birth” lawsuit.
Via The Washington Post:
Jennifer Cramblett filed suit against Midwest Sperm Bank in 2014 because she was artificially inseminated with sperm from the wrong donor and gave birth to a mixed-race daughter.
The sperm bank apologized and refunded part of the cost to Cramblett and her partner Amanda Zinkon. But Cramblett’s suit alleged that the mistake caused her and her family stress, pain, suffering and medical expenses. And, the suit said, in Cramblett’s predominantly white community, she feared that her daughter, Payton, now 3, would grow up feeling like an “outcast.”
But DuPage County judge Ronald Sutter threw out the lawsuit Thursday, agreeing with attorneys for the sperm bank who argued that it lacked legal merit, according to the Chicago Tribune.
Attorneys for the sperm bank had argued that “wrongful birth” suits typically apply to cases where the child is born with a birth defect that doctors should have warned parents about; in this case, the child was healthy. Cramblett had also sought damages for a “breach of warranty.” The judge rejected both claims but said that Cramblett could refile the suit as a “negligence claim,” the Tribune reported.
At the heart of the lawsuit was Cramblett’s claim that she was unprepared to raise an African American child and that her community and her “unconsciously insensitive” family members might not be accepting of a child of a different race.