Sue because your designer baby has the wrong DNA

[crispy]

[
she contributed to the situation, she could have aborted but deliberately created the situation at present... just saying...

Come on, do you really mean that?

 

[none]

[
she contributed to the situation, she could have aborted but deliberately created the situation at present... just saying...

Come on, do you really mean that?

well yeah, why not?

 

[RavenSky]

I think it is a crap position for the mother in that she has to show "damages" under the law, yet "damages" or no - the clinic failed to use due diligence and should be penalized regardless.

 

[angelo]

I think she has every right to sue the clinic for negligence. It has nothing to do with race.

 

[Playball40]

I think it is a crap position for the mother in that she has to show "damages" under the law, yet "damages" or no - the clinic failed to use due diligence and should be penalized regardless.

I have to wonder if the issues she has is really her attorney showing the required "damages". There is no way to show damages without making it sound as if they are unhappy with their child, which based on everything I've read, does NOT seem to be the case. It's not a position I would want to be in. Yes, the clinic needs to be held accountable.

 

[Tom Sawyer]

I think it is a crap position for the mother in that she has to show "damages" under the law, yet "damages" or no - the clinic failed to use due diligence and should be penalized regardless.

I have to wonder if the issues she has is really her attorney showing the required "damages". There is no way to show damages without making it sound as if they are unhappy with their child, which based on everything I've read, does NOT seem to be the case. It's not a position I would want to be in. Yes, the clinic needs to be held accountable.

But how accountable? Damages means that there has been a negative impact from the mistake.

If you buy a car and the dealership makes an error and accidentally gives you a different car, but you are perfectly happy with the second car and just as satisfied as you'd be if you had the car you ordered, then even though a mistake was made, it's a mistake without a negative impact and there shouldn't be any kind of case for damages. All the crap about how "the community wouldn't accept it" and all that other garbage is simply her trying to make a case that there's a negative impact while trying to absolve herself of feeling any negative impact by claiming the rejection will be done by others.

This was a data entry error that slipped through the cracks. The clinic should update its procedures to make sure that the same sort of thing won't happen in the future. If she wasn't actually negatively impacted by their mistake, however, and is perfectly satisfied with the product they delivered to her, then there shouldn't actually be a case for damages.

 

[Jarhyn]

And if every baby were so 'wrong' as to have no 'racial' correlation to one or both parents, racism would be dead in a generation. Now if only every home would be so blessed.

 

[doubtingt]

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.

 

[Jimmy Higgins]

They were defrauded. Logical claim.

Biracial baby? How does that induce suffering for a lesbian couple? They going to this she used to be with a black woman?

 

[Sabine Grant]

As it was already pointed to in this thread, the nature of her claim is that she lives in a geographical area where non Caucasian children (let alone bi racial) are bound to be exposed to racially motivated discrimination against them. So, it is not just about a bi racial infant. It is about a projected to be discriminated against child who will grow up in a small town in Ohio, where the demographics indicate only 0.32% of African Americans :

http://en.wikipedia.org/wiki/Uniontown,_Ohio

The racial makeup of the CDP was 98.14% White, 0.32% African American, 0.14% Native American, 0.54% Asian, 0.14% from other races, and 0.71% from two or more races. Hispanic or Latino of any race were 0.50% of the population.

Further and while checking on data addressing hate groups in Ohio, listing White Supremacy leaning groups along with others( with a majority of hate groups being of White Supremacy leaning) :

http://www.splcenter.org/get-informed/hate-map#s=OH

On the other end, regarding Stark County where Uniontown is located :

http://www.cantonrep.com/x599207454/Race-relations-Talking-as-a-community-as-a-parent-as-an-educator

When I ask myself the question : if I had a bi racial son or daughter, would I choose to reside in Uniontown, Ohio? The answer is non.

 

[fromderinside]

Got to give it to those lesbians. They're so damn butch!

 

[Toni]

I have to wonder if the issues she has is really her attorney showing the required "damages". There is no way to show damages without making it sound as if they are unhappy with their child, which based on everything I've read, does NOT seem to be the case. It's not a position I would want to be in. Yes, the clinic needs to be held accountable.

But how accountable? Damages means that there has been a negative impact from the mistake.

If you buy a car and the dealership makes an error and accidentally gives you a different car, but you are perfectly happy with the second car and just as satisfied as you'd be if you had the car you ordered, then even though a mistake was made, it's a mistake without a negative impact and there shouldn't be any kind of case for damages. All the crap about how "the community wouldn't accept it" and all that other garbage is simply her trying to make a case that there's a negative impact while trying to absolve herself of feeling any negative impact by claiming the rejection will be done by others.

This was a data entry error that slipped through the cracks. The clinic should update its procedures to make sure that the same sort of thing won't happen in the future. If she wasn't actually negatively impacted by their mistake, however, and is perfectly satisfied with the product they delivered to her, then there shouldn't actually be a case for damages.

A car is not a baby or a child. Raising a child of color in the US presents some additional challenges. Sadly.

It wasn't a data entry error but a systems error--and a highly preventable one at that.

Suppose you and your wife needed to rely on in vitro insemination to have a child. Your child is born and clearly, the child is not of the same race as you or your wife: they used the wrong sperm. I am pretty sure you would be quite upset however adorable the baby.

 

[Jimmy Higgins]

This is in Uniontown?! Me thinks this is getting a bit silly.

As it was already pointed to in this thread, the nature of her claim is that she lives in a geographical area where non Caucasian children (let alone bi racial) are bound to be exposed to racially motivated discrimination against them. So, it is not just about a bi racial infant. It is about a projected to be discriminated against child who will grow up in a small town in Ohio, where the demographics indicate only 0.32% of African Americans :

http://en.wikipedia.org/wiki/Uniontown,_Ohio

The racial makeup of the CDP was 98.14% White, 0.32% African American, 0.14% Native American, 0.54% Asian, 0.14% from other races, and 0.71% from two or more races. Hispanic or Latino of any race were 0.50% of the population.

Further and while checking on data addressing hate groups in Ohio, listing White Supremacy leaning groups along with others( with a majority of hate groups being of White Supremacy leaning) :

http://www.splcenter.org/get-informed/hate-map#s=OH

The closest group is in Akron, about 20 to 30 minutes away. I had no idea the group actually existed.

On the other end, regarding Stark County where Uniontown is located :

http://www.cantonrep.com/x599207454/Race-relations-Talking-as-a-community-as-a-parent-as-an-educator

When I ask myself the question : if I had a bi racial son or daughter, would I choose to reside in Uniontown, Ohio? The answer is non.

So you have made your conclusion based on a hasty web search? Up in NE Ohio you'll run into a few types of people. White people that aren't racist, white people in affluent counties that are passive racists, and a few people that are racists ("I can't stand that Nigger weatherman on Fox" ). My grandmother lived in a affluent (middle to upper middle class) neighborhood that was almost exclusively white, and the people there were intolerant, but only quietly so.

I live in Akron, in a mixed race neighborhood that consists of families or couples that have been here since it opened in the early 60s (lower class to mid-middle class). It is actually a remarkably diverse neighborhood, well in the sense of age distribution and a good mix of black and white... it's Toronto or NYC. There are racists here, non-racists here. When you go south of I-76, it gets a bit more "south". South of Canton on I-77 and you think you may be in the Bible Belt. Uniontown? There are likely some racists, but to the extent that this child is doomed? I doubt it.

But how accountable? Damages means that there has been a negative impact from the mistake.

If you buy a car and the dealership makes an error and accidentally gives you a different car, but you are perfectly happy with the second car and just as satisfied as you'd be if you had the car you ordered, then even though a mistake was made, it's a mistake without a negative impact and there shouldn't be any kind of case for damages. All the crap about how "the community wouldn't accept it" and all that other garbage is simply her trying to make a case that there's a negative impact while trying to absolve herself of feeling any negative impact by claiming the rejection will be done by others.

This was a data entry error that slipped through the cracks. The clinic should update its procedures to make sure that the same sort of thing won't happen in the future. If she wasn't actually negatively impacted by their mistake, however, and is perfectly satisfied with the product they delivered to her, then there shouldn't actually be a case for damages.

A car is not a baby or a child. Raising a child of color in the US presents some additional challenges. Sadly.

It wasn't a data entry error but a systems error--and a highly preventable one at that.

Suppose you and your wife needed to rely on in vitro insemination to have a child. Your child is born and clearly, the child is not of the same race as you or your wife: they used the wrong sperm. I am pretty sure you would be quite upset however adorable the baby.

I'd be on the internet quick to figure out how to handle the hair. Saw a great documentary narrated by Chris Rock on such hair. Chris Rock could make paint drying interesting.

 

[Sabine Grant]

By Toni :A car is not a baby or a child. Raising a child of color in the US presents some additional challenges. Sadly.

I agree 100%. Some of us have had plenty of observation of the challenges parents of bi racial children will encounter in areas in the US where there is an established and pre existing racially prejudiced mentality.

Toni, in 1989, my family and I moved from a multicultural and cosmopolitan area (N.Y city) to Camden County Ga ( south eastern county in Ga. north of Jacksonville, Fl.) At the time, St Mary's was still a very rural community when it came to the local population except for the import of military families (obviously well traveled folks) from the submarine base of Kingsbay. It was the hell of a cultural shock for me! Remnants of a recent desegregation were still lingering within the local mentalities. The racial divide was still active. Close neighbors, a military family who had adopted their bi racial daughter(6 years prior to their being transferred to the NSB) , were struggling with how to facilitate her integration into the activities of our neighborhood kids of local origin. Essentially she was the kid left out of invitations to birthday parties or other kids events.

As more military families moved into our neighborhood, their daughter was able to make friends. But local kids and their families remained distant towards her.

 

[Underseer]

Anybody hear about this?
Apparently a lesbian got donor 330's sperm and not donor 380's sperm and now the child was born bi-racial.
She is suing for undue hardship.
I don't have a link handy ( I am on my phone ) but I saw the woman with her attorney on CNN last night.

As someone who is multiracial and has multiracial cousins, I'm glad my parents, aunt/uncle, and grandparents weren't anything like that bitch.

 

[Shadowy Man]

If one actually reads about this case you will note a couple of very important facts:

- the lesbian couple very carefully chose their sperm donor, wanting to have one that had similar physical characteristics to the non-gestating partner. The idea was that in the future that partner might have a child with the same donor and the resulting siblings would have an actual genetic connection and they could all look like a family.

- the mother stated that she did have a hard time with the community being lesbian, and that she didn't want her child to have a similar hard time being biracial.

I think given how carefully the couple had considered what they wanted their family to be, and considered in ways beyond what a heterosexual couple has to think about, it's really horrible that the company was so careless. Even if the mother utterly loves her biracial child, the fact is that their whole lives are going to be very different than they had really planned.

 

[Tom Sawyer]

As it was already pointed to in this thread, the nature of her claim is that she lives in a geographical area where non Caucasian children (let alone bi racial) are bound to be exposed to racially motivated discrimination against them. So, it is not just about a bi racial infant. It is about a projected to be discriminated against child who will grow up in a small town in Ohio, where the demographics indicate only 0.32% of African Americans :

http://en.wikipedia.org/wiki/Uniontown,_Ohio

The racial makeup of the CDP was 98.14% White, 0.32% African American, 0.14% Native American, 0.54% Asian, 0.14% from other races, and 0.71% from two or more races. Hispanic or Latino of any race were 0.50% of the population.

Further and while checking on data addressing hate groups in Ohio, listing White Supremacy leaning groups along with others( with a majority of hate groups being of White Supremacy leaning) :

http://www.splcenter.org/get-informed/hate-map#s=OH

On the other end, regarding Stark County where Uniontown is located :

http://www.cantonrep.com/x599207454/Race-relations-Talking-as-a-community-as-a-parent-as-an-educator

When I ask myself the question : if I had a bi racial son or daughter, would I choose to reside in Uniontown, Ohio? The answer is non.

But that's not the only question. You must also consider the question of if you were a lesbian couple who was having a child, would you choose to reside there?

I don't fathom how a community full of people who'd actively discriminate against a bi-racial child would not also discriminate against a child with two lesbian mothers. They feel that the town that they live in is tolerant and accepting enough of their relationship that they felt comforable having a child there but are now saying that that exact same community would not accept a bi-racial kid? Have those hate groups you mentioned put out a memo that they're cool with the gays now, so their opinions are relevant to the matter in a way that they wouldn't have been if the couple had received the correct sperm?

They are lying about the negative impact from the error.

 

[Jimmy Higgins]

If one actually reads about this case you will note a couple of very important facts:

- the lesbian couple very carefully chose their sperm donor, wanting to have one that had similar physical characteristics to the non-gestating partner. The idea was that in the future that partner might have a child with the same donor and the resulting siblings would have an actual genetic connection and they could all look like a family.

- the mother stated that she did have a hard time with the community being lesbian, and that she didn't want her child to have a similar hard time being biracial.

I think given how carefully the couple had considered what they wanted their family to be, and considered in ways beyond what a heterosexual couple has to think about, it's really horrible that the company was so careless. Even if the mother utterly loves her biracial child, the fact is that their whole lives are going to be very different than they had really planned.

There is a complete consensus here that the company messed up and the parents are owed money because of the screw-up.

The question is, is there a legit claim that they are due additional money because they live in an horrid hellhole that accepts their lesbian lifestyle, but not their biracial child.

 

[Shadowy Man]

Might be useful for people to educate themselves on this case.

Cramblett outlines some specific concerns she now has due to Payton’s race. For example, she says in the suit that she was raised in a family with racially stereotypical attitudes, noting an uncle who “speaks openly and derisively about persons of color.” They similarly already disapprove of her lesbianism, and she worries that, even though she can hide her lesbian identity around her family to get along, Payton cannot hide her race, and may be more vulnerable to their disapproval.

Raising a child of color is also presenting Cramblett with challenges she did not anticipate for her child, acknowledging her own “steep learning curve” when it comes to African American cultural competency. As a simple example, she notes that they must travel to a black neighborhood far from where they live or have any connections, simply so that Payton can receive an appropriate haircut. The couple had actually relocated from Akron to the less-racially diverse town of Uniontown because there would be better schools, but now those schools might present a bigger challenge for Payton’s academic and psychological well-being.

So, it's not as simple as people are implying here.

 

[Jimmy Higgins]

Might be useful for people to educate themselves on this case.

Raising a child of color is also presenting Cramblett with challenges she did not anticipate for her child, acknowledging her own “steep learning curve” when it comes to African American cultural competency. As a simple example, she notes that they must travel to a black neighborhood far from where they live or have any connections, simply so that Payton can receive an appropriate haircut. The couple had actually relocated from Akron to the less-racially diverse town of Uniontown because there would be better schools, but now those schools might present a bigger challenge for Payton’s academic and psychological well-being.

“I am happy that I have a healthy child,” Cramblett told NBC News. “But I’m not going to let them get away with not being held accountable.” The couple is suing for $50,000..."

How is the company liable for her family?