Sue because your designer baby has the wrong DNA

[Axulus]

The kid's fine, but the sperm bank still messed up.

And because they messed up, how much damage did the client suffer as a result of the mistake?

 

[angelo]

The donor company screwed up and it will no doubt add some hassles to their lives. Yet, the lawsuit is still a bad and selfish idea unless they really need to the money and it will notably better the kid's life.

By suing, the mother is causing future psychological harm to her daughter when she finds out that she wasn't the child her mom wanted because she's biracial and a burden, which is the very reasonable and accurate inferences the child will draw from the lawsuit.

The "tolerant neighborhood" excuse sounds like bullshit, given they are already a lesbian couple adopting a kid. Sounds like a selfish money grab without any regard for the harm she is doing to her kid.

Nevertheless, if you went and payed big money for a product, no matter what it is, even a human baby, you would expect to get what you ordered and not what the supplier wanted to give you.

 

[angelo]

This has been making the news here for months even though off topic.
http://www.smh.com.au/world/baby-ga...nts-to-come-to-australia-20140912-10fz3k.html

 

[Mumbles]

The kid's fine, but the sperm bank still messed up.

And because they messed up, how much damage did the client suffer as a result of the mistake?

Enough to move to a more diverse community, plus whatever "steep learning curve" they're dealing with, plus the added worry of their daughter randomly being shot for moving too fast, or too slow, near a cop (or, thanks to Zimmerman, any random dude with a gun, severe anger issues, and light skin).

I'll let the jury decide. Point is, the sperm bank messed up, in a major way. You don't get to just shrug off something like that.

Unless you're a major corporation, or something, of course...but they shouldn't.

The kid? She'll likely be fine. In fact, probably better off if her mom wins the case. Especially since the mom's running onto national tv doing interviews talking about how much she adds to the couple's lives.

 

[none]

And because they messed up, how much damage did the client suffer as a result of the mistake?

Enough to move to a more diverse community, plus whatever "steep learning curve" they're dealing with, plus the added worry of their daughter randomly being shot for moving too fast, or too slow, near a cop (or, thanks to Zimmerman, any random dude with a gun, severe anger issues, and light skin).

I'll let the jury decide. Point is, the sperm bank messed up, in a major way. You don't get to just shrug off something like that.

Unless you're a major corporation, or something, of course...but they shouldn't.

The kid? She'll likely be fine. In fact, probably better off if her mom wins the case. Especially since the mom's running onto national tv doing interviews talking about how much she adds to the couple's lives.

I consider this kind of response hysterical, seriously why people would think a sperm bank has to pay for a community's intolerance of a human being's race is totally unreasonable.
it would be nice if people took time to think this issue through.
why do you think a sperm bank should pay because of a community's racism?

 

[angelo]

Will be interesting to see what a judge will decide.

 

[Mumbles]

I consider this kind of response hysterical, seriously why people would think a sperm bank has to pay for a community's intolerance of a human being's race is totally unreasonable.
it would be nice if people took time to think this issue through.
why do you think a sperm bank should pay because of a community's racism?

Because, as I said, they messed up. I'm for the family - all three of them.

Don't want to lose lawsuits? Get your shit together. You're taking orders using handwritten notes, but you can store hundreds of mens' sperm samples? It's possible, but nah, not really. I expect a reasonable level of professionalism from professionals.

 

[none]

I consider this kind of response hysterical, seriously why people would think a sperm bank has to pay for a community's intolerance of a human being's race is totally unreasonable.
it would be nice if people took time to think this issue through.
why do you think a sperm bank should pay because of a community's racism?

Because, as I said, they messed up. I'm for the family - all three of them.

Don't want to lose lawsuits? Get your shit together. You're taking orders using handwritten notes, but you can store hundreds of mens' sperm samples? It's possible, but nah, not really. I expect a reasonable level of professionalism from professionals.

so your argument is the community's racism is a result of a clerical error therefore the woman gets some cash to relocate and raise her baby in a different neighborhood?
that argument has some flaws in it... but if the woman can find a person from the community to admit that they weren't racist till they saw her baby I guess there wouldn't be any problems...

 

[angelo]

Racism hasn't a thing to do with the fact that the supplier supplied the wrong product. What if that was a blood product and supplying the wrong type caused a death!

 

[none]

Racism hasn't a thing to do with the fact that the supplier supplied the wrong product. What if that was a blood product and supplying the wrong type caused a death!

http://www.chicagotribune.com/news/local/breaking/ct-sperm-donor-lawsuit-met-20140930-story.html
from what I get from the article that I linked that has excerpts of the lawsuit racism is the hardship the woman is facing not the clerical error.
how can the error be detected, what harm is there really?

 

[angelo]

Racism hasn't a thing to do with the fact that the supplier supplied the wrong product. What if that was a blood product and supplying the wrong type caused a death!

http://www.chicagotribune.com/news/local/breaking/ct-sperm-donor-lawsuit-met-20140930-story.html
from what I get from the article that I linked that has excerpts of the lawsuit racism is the hardship the woman is facing not the clerical error.
how can the error be detected, what harm is there really?

Then it should be thrown out of the courtroom. Any judge with a sense of decency would be obliged to find for the defendant!

 

[none]

Then it should be thrown out of the courtroom. Any judge with a sense of decency would be obliged to find for the defendant!

I would be fine with them saying the suit has no merit.

 

[RavenSky]

Enough to move to a more diverse community, plus whatever "steep learning curve" they're dealing with, plus the added worry of their daughter randomly being shot for moving too fast, or too slow, near a cop (or, thanks to Zimmerman, any random dude with a gun, severe anger issues, and light skin).

I'll let the jury decide. Point is, the sperm bank messed up, in a major way. You don't get to just shrug off something like that.

Unless you're a major corporation, or something, of course...but they shouldn't.

The kid? She'll likely be fine. In fact, probably better off if her mom wins the case. Especially since the mom's running onto national tv doing interviews talking about how much she adds to the couple's lives.

I consider this kind of response hysterical, seriously why people would think a sperm bank has to pay for a community's intolerance of a human being's race is totally unreasonable.
it would be nice if people took time to think this issue through.
why do you think a sperm bank should pay because of a community's racism?

I think the sperm bank should have to pay for failing to provide exactly what they were paid for. I would think that even if the baby were not bi-racial but still not of the sperm that the couple paid for. The only difference is that the latter would be harder to detect without genetic testing. And in any case, because of the way these types of lawsuits are structured, the couple would have to show "damages".

The sperm clinic fucked up - no one disputes that. The sperm clinic should pay for that error, and more than just the cost the couple paid in the first place. That's why it is called "punitive damages".

 

[none]

now that seems like the best argument so far but the suit doesn't appear to argue that.
the suit seems to say the mother has a hardship because the baby is bi-racial.
I do think something should be done but from what I have read so far the lawsuit doesn't seem to argue anything logical.
I thank you for the input, I'll have to think about what you wrote more to critique it any further.

 

[RavenSky]

The suit has to say that the parents and/or child are/will suffer hardship because of the sperm Clinic's failure, because that is one of the elements that a "breach of contract" or similar lawsuit requires.

To figure out whether you have a good case, it helps to know that lawyers break each type of lawsuit ("cause of action" in attorney-speak) into a short list of legally required elements. It follows that as long as you know what the elements are for your type of lawsuit, it's usually fairly easy to determine whether you have a good case. For example, a lawsuit against a contractor for doing substandard construction would be for breach of contract (because the contractor agreed either orally or in writing to do the job properly). The legal elements for this type of lawsuit are as follows:

Contract formation. You must show that you have a legally binding contract with the other party. If you have a written agreement, this element is especially easy to prove. Without a written contract, you will have to show that you had an enforceable oral (spoken) contract, or that an enforceable contract can be implied from the circumstances of your situation.

Performance. You must prove that you did what was required of you under the terms of the contract. Assuming you have made agreed-on payments and otherwise cooperated, you should have no problem with this element.

Breach. You must show that the party you plan to sue failed to meet his or her contractual obligations ("breach of contract" in legalese). This is usually the heart of the case -- you'll need to prove that the contractor failed to do agreed-on work or did work of unacceptably poor quality.

Damages. You must show that you suffered an economic loss as a result of the other party's breach of contract. Assuming the work must be redone or finished, this element should also be relatively straightforward to prove.

. http://www.nolo.com/legal-encyclopedia/when-should-you-sue-29900.html

Items 1 through 3 are easy to show in the OP case. It is item 4 that is forcing these parents into the awkward position of having to point to the racism of the community or the "hardship" of a specialized hairdresser. But the alternative - letting the sperm clinic get away with taking money and not performing as contracted - is not an acceptable alternative either.

Maybe the liability lawyers on the forum would know of a different legal argument this couple could have used that wouldn't force them to show "damages", but I don't know of any.

 

[none]

doesn't that lead to the inevitable "there is something wrong with the child" but I guess they got around that by saying there is something wrong with the community...?
this seems like a terrible mess to me..
I don't see how they could say the child has something wrong with it and have the mother keep it and I don't see how something wrong with the community is the clinics fault.
it is just a mess to me...

 

[none]

I guess the mother will have to prove the community is racist and then the community can sue her....

 

[Loren Pechtel]

they seem to be suing because the baby is bi-racial and not because it doesn't look like the other woman.

Biracial looks far less like the other woman than monoracial would.

Furthermore, when it comes to suing you state the claims that will get the biggest payout even if they aren't the ones you feel most strongly about.

 

[none]

they seem to be suing because the baby is bi-racial and not because it doesn't look like the other woman.

Biracial looks far less like the other woman than monoracial would.

Furthermore, when it comes to suing you state the claims that will get the biggest payout even if they aren't the ones you feel most strongly about.

they seem to be suing because the baby is bi-racial and not because it doesn't look like the other woman.

 

[Loren Pechtel]

Biracial looks far less like the other woman than monoracial would.

Furthermore, when it comes to suing you state the claims that will get the biggest payout even if they aren't the ones you feel most strongly about.

they seem to be suing because the baby is bi-racial and not because it doesn't look like the other woman.

As I just said, they're going to sue for whatever is most likely to sway the jury.