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Sue because your designer baby has the wrong DNA

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.
I hope you realize you piss people off when you try and use your knowledge in a fantasy setting to make a point that things are not race related.
can we admit it is more likely that the difference in the child to the other woman is more likely to be determined than racism of a community?
I really don't know why I am asking you, I really don't want to chat with you at all..
so if you got something to say that relies on your special knowledge of this case, in other words fantasy, please keep it to yourself...
 
Of course it's not possible some lawyer saw this as a ticket to infamy and money and advised the accuser to proceed and sue the shirt off the clinic?
 
Mumbles said:
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?

The same as if a woman had been artificially inseminated during what was supposed to be an appendectomy, and then had to make the choice to kill the soon to be person inside her, give it away after 9 months of biological attachment, or spend the rest of her life raising and caring for it, impeding her ability to have another child and the child she had planned to conceive naturally with her mate. The harm is no different than if they were supposed to use her husband's sperm but used a stranger's instead.
 
You also assume responsibility for your own body, right? Well if a doctor gave you a sex change instead of an appendectomy he would be liable, right?
lets try and stay on topic instead of bringing hair brained analogies to the table here.
if you can't find an sound way to express a counter argument then just keep quiet, like a kid with nothing to say.

The analogy is perfectly apt and exposes the totally vacuousness of your meaningless platitudes about parental responsibility and whether the mother loves the child.
Just because you cannot defend your assertions with anything resembling a reasoned argument, then don't attack others who do.

if anything using your logic the baby should sue not the mother. on grounds that it shouldn't exist as a bi-racial baby at least half the DNA of the child should be eligible for recourse and compensation....

You clearly do not grasp what the word "logic" even refers to, since nothing I said implies this conclusion. Perhaps you can explicate the actually logical steps that go from the words I wrote to this conclusion you invented. I am guessing you won't because your posts so far suggest that your screen-name is your answer to the question "How much rational support do I provide for my claims?"
 
I have pointed out multiple analogous situations to highlight the obvious major liability of the sperm bank. Below I explicate in more detail how these apply.

The first example is a person given an irreversible sex change or cosmetic surgery during an appendectomy. This applies specifically to the arguments that the mother must prove the child she has is "defective", "inferior", or will cause her tangible hardship. If that argument holds, then so must the person in my example prove that new gender that they are or the new face or boobs they have are defective or inferior to what they had. That is absurd. IT is more than enough that they are merely not something the person wanted, case closed, massive payout. The mother in question did not want to be impregnated with the sperm she was impregnated with, did not want to gestate that fetus, did not want to care for that child. Yet due entirely to the sperm banks reckless error, she is forced to live with these or live with the emotional trauma of killing the fetus or gestating it then giving it away. The fact that she wanted a different sperm, fetus, and baby cannot be used to make some absurd "well, close enough" defense which is what most of her critics her are arguing. That is like telling a person who intended to buy a house in Chicago but got the deed to a house in Alaska that they have no recourse because, "You wanted a house, you got one, and a house is a house". Would the buyer have to prove that the house in Alaska was defective and inferior? No, the fact that it is merely not the same as the house they were told they were buying is sufficient.

Another analogy with more surface similarities to the current case is where a man and his wife with fully working sperm and eggs, but cannot conceive naturally. They go to have his sperm and her egg combined and implanted. The hospital screws up and uses some other guys sperm. 4 months into the pregnancy they find this out after she has been carrying a child that carries her dna but not his. She must choose to abort it, give it up, or raise it. They only have resources for 1 child, so raising it means never having the child they planned with the dna they planned. There is nothing objective about this case they give it more legal merits than than OP. It is a couple not being able to have the child with the dna they wanted because a third party mistakenly impregnated her with a child with dna they did not want.
Whether the dna the couple wanted was the couples own dna or someone else's has no legal relevance. All that matters it is what they wanted and the dna/child they got and now must raise instead (or kill or give away) is not what they wanted. IT is not up to us or the court to decide they shouldn't care about the difference. All that matters is whether they do care about the difference.
 
doubtingt, you can hold any fucked up opinion you want regarding your analogies, I would rather talk about the woman and her issue of having a bi-racial baby and the racism she experienced that she claims is an undue burden.
at least that is the impression I get from the article I linked....
http://www.chicagotribune.com/news/local/breaking/ct-sperm-donor-lawsuit-met-20140930-story.html

Even if the woman were racist to the core and really did think a biracial baby is defective, so what?

It seems you're saying that if she doesn't have a problem with a biracial baby, she has no legitimate claim because there's no undue burden, yet if she were completely racist and did have a problem with the child's race, she does have a claim?

So, the company isn't liable for other people's racism, but if the mother herself is racist, the company should be liable?
 
I think a fair compensation would be equal to theoretical child support that would be received from the father, if it had been from an accidental sexual encounter rather than a sperm bank summer intern accidentally mixing up the jars.

The rationale is that now if he wants her original designer baby to match her skin color or curtains or bathroom fixtures or whichever reason he might want a white one, she'll have to get another one and still provide for the first one.
 
doubtingt, you can hold any fucked up opinion you want regarding your analogies, I would rather talk about the woman and her issue of having a bi-racial baby and the racism she experienced that she claims is an undue burden.
at least that is the impression I get from the article I linked....
http://www.chicagotribune.com/news/local/breaking/ct-sperm-donor-lawsuit-met-20140930-story.html


The issue is whether the mother has any legal case against the the sperm bank for causing her to have a baby with dna that she did not consent to having put into her body. The analogies contain the same underlying issues relevant to any legal case, in contrast to you vacuous moral stance that parents are either responsible for the kids or not, which has zero logical relevance to anything about the legal case. Whether the mothers argument about the race of the baby are valid is superfluous to the liability of the sperm bank because they would be just as liable if the child was the same race as the dna that they had purchased, because it would still be different in millions of ways from that dna and thus from the child they planned to have.

So, if you would support compensation to the people in my hypothetical analogous situations, then your objection to support for this mother is purely irrational emotion and based on nothing of objective or legal relevance to the facts of the case.
 
doubtingt, you can hold any fucked up opinion you want regarding your analogies, I would rather talk about the woman and her issue of having a bi-racial baby and the racism she experienced that she claims is an undue burden.
at least that is the impression I get from the article I linked....
http://www.chicagotribune.com/news/local/breaking/ct-sperm-donor-lawsuit-met-20140930-story.html


The issue is whether the mother has any legal case against the the sperm bank for causing her to have a baby with dna that she did not consent to having put into her body. The analogies contain the same underlying issues relevant to any legal case, in contrast to you vacuous moral stance that parents are either responsible for the kids or not, which has zero logical relevance to anything about the legal case. Whether the mothers argument about the race of the baby are valid is superfluous to the liability of the sperm bank because they would be just as liable if the child was the same race as the dna that they had purchased, because it would still be different in millions of ways from that dna and thus from the child they planned to have.

So, if you would support compensation to the people in my hypothetical analogous situations, then your objection to support for this mother is purely irrational emotion and based on nothing of objective or legal relevance to the facts of the case.
that is all fine and dandy but it seems to be argued differently...
the article doesn't say that the lawsuit mentions DNA
http://www.chicagotribune.com/news/local/breaking/ct-sperm-donor-lawsuit-met-20140930-story.html
"On August 21, 2012, Jennifer gave birth to Payton, a beautiful, obviously mixed-race baby girl," the lawsuit states. "Jennifer bonded with Payton easily and she and Amanda love her very much. Even so, Jennifer lives each day with fears, anxieties and uncertainty about her future and Payton's future."

Raising a mixed-race daughter has been stressful in Cramblett and Zinkon's small, all-white community, according to the suit.
after reading the article yet again.
The lawsuit mentions sperm and error but that in and of itself might not be enough to sue for thus the racism is mentioned in the lawsuit.
maybe they don't want to go down the road that the child has something wrong with it...
 
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The issue is whether the mother has any legal case against the the sperm bank for causing her to have a baby with dna that she did not consent to having put into her body. The analogies contain the same underlying issues relevant to any legal case, in contrast to you vacuous moral stance that parents are either responsible for the kids or not, which has zero logical relevance to anything about the legal case. Whether the mothers argument about the race of the baby are valid is superfluous to the liability of the sperm bank because they would be just as liable if the child was the same race as the dna that they had purchased, because it would still be different in millions of ways from that dna and thus from the child they planned to have.

So, if you would support compensation to the people in my hypothetical analogous situations, then your objection to support for this mother is purely irrational emotion and based on nothing of objective or legal relevance to the facts of the case.
that is all fine and dandy but it seems to be argued differently...
the article doesn't say that the lawsuit mentions DNA
http://www.chicagotribune.com/news/local/breaking/ct-sperm-donor-lawsuit-met-20140930-story.html
"On August 21, 2012, Jennifer gave birth to Payton, a beautiful, obviously mixed-race baby girl," the lawsuit states. "Jennifer bonded with Payton easily and she and Amanda love her very much. Even so, Jennifer lives each day with fears, anxieties and uncertainty about her future and Payton's future."

Raising a mixed-race daughter has been stressful in Cramblett and Zinkon's small, all-white community, according to the suit.
after reading the article yet again.
The lawsuit mentions sperm and error but that in and of itself might not be enough to sue for thus the racism is mentioned in the lawsuit.
maybe they don't want to go down the road that the child has something wrong with it...
For starters, I cannot fathom that this couple would refer to their child as an "it" as in "the child has something wrong with it". The character of their child not being in question here. What is in question is whether this couple would have planned and chosen from the get go to raise a bi racial daughter or son in a geographical area with an overwhelming majority of Caucasian demographics versus demographics reflecting an evenhanded presence of multi racial demographics. I have pointed to figures earlier reflecting the reality of an extreme minority of residents of Black ethnicity origin versus an overwhelming majority of residents of Caucasian ethnicity.

To add the other motives leading this couple's choice to specifically request a Caucasian sperm donor, motives Shadowy Man covered earlier.

A couple of thoughts related to "sensitivity" here, a term Shadowy Man used earlier when it comes to how we approach that case :

1) Sensitivity towards the reality that this bi racial child is bound to "stick out like a sore thumb" in a community with an overwhelming majority of people of Caucasian ethnicity. To include how she will fare through years of schooling and again in an environment with an overwhelming majority of Caucasian children. Some of us who actually raised children are well aware of how children interact with each other within their school environment. How the child who is different from everyone else is often subjected to bully-ism, mockeries and treated as an outcast.

2) Sensitivity towards the reality that the child's DISTINCT ethnic difference from the parents is inevitably bound to prompt questions from nosy individuals rather than a Caucasian child who would be ethnically compatible with both bio mom and her spouse. Let alone and again, the child's school peers so often commenting to her about her being ethnically different from the adults who raise her. Surely, her parents would attend school events and PTA meetings.

3) Sensitivity towards the reality that bio mom and her spouse's current location of residency does not strike me as a cosmopolitan community. Cosmopolitan indicating the ongoing import and flow of individuals of various ethnicity and different cultural profiles. As I noted earlier, there was a vast difference of interactions between children of military families stationed in Camden County, SE Georgia and those who were local children, when it came to any degree of acceptance of the bi racial adopted daughter of my close neighbors. Military family children having benefited of exposure to a variety of different locations and people and for some already having been well traveled via overseas residency wherever US military personnel is stationed.

It appears you do not seem to be aware of or recognize the above as a valid reason for this couple to engage a lawsuit which directly connects the error committed by the bank sperm to the possible consequences their daughter will have to bear with, while taking into account the realities I have detailed above.
 
if you are addressing me, then no I don't see suing the sperm bank for a community’s racism as legitimate.
I don't see how the sperm bank is responsible for the racism or being responsible for putting the child in a racist environment.
like I said in another post it might only be a matter of time before somebody in the community sues this woman for saying the community is racist.
otherwise thanks for the post...
 
if you are addressing me,
Since my reply quotes your post showing your reply to Doubting, yes I was addressing you.

then no I don't see suing the sperm bank for a community’s racism as legitimate.
Try to re read and this time carefully what I detailed. Once more, this couple NEVER made their plans of becoming parents of a bi racial child in a community with such extremely low ethnic diversity ratio, with the VERY SPECIFIC of becoming parents of a child whose bi racial profile could only draw negative attention on the child. Have you or not paid attention to the realities I have detailed? Or is it a matter of you being disconnected from such realities because you might have such limited experience when it comes to raising children and how important the cultural and ethnic environment in which the child or children will be raised is?


I don't see how the sperm bank is responsible for the racism or being responsible for putting the child in a racist environment.
like I said in another post it might only be a matter of time before somebody in the community sues this woman for saying the community is racist.
otherwise thanks for the post...
I do not give a rat's behind about you repeating the same misunderstanding you have displayed so far. Let alone you thanking me about my post. As you are still not addressing the realities I detailed in my post.
 
oh yes, the saga continues
Jennifer is the lesbian mother... from april 2015:
http://www.dailyherald.com/article/20150403/news/150409478/
...
Cramblett, according to the document, learned of the mix-up when she called to reserve additional vials from the same donor so her partner, Amanda Zinkon, 30, also could become pregnant.

The lawsuit alleges that the mistake was a result of handwritten records, rather than electronic records that would have made the error easier to catch.
...
"One of Jennifer's biggest fears is the life experiences Payton will undergo, not only in her all-white and often unconsciously insensitive family," the suit states. "Jennifer's stress and anxiety intensifies when she envisions Payton entering an all-white school."
For the mother it's about the wrong ethnicity...

and this from May, 2015:
http://www.chicagotribune.com/news/ct-dupage-lesbian-sperm-suit-folo-met-20150501-story.html
...
Cramblett accused Midwest Sperm Bank of breach of warranty and "wrongful birth," which is how the applicable Illinois statute is worded. But in their motion to dismiss, attorneys for the sperm bank said the law regarding wrongful birth claims applies if Payton had a hereditary or genetic disorder that could have been detected through "prudent medical care" before conception or birth.

"The Illinois Supreme Court has expressed an 'unwillingness to hold that the birth of a normal healthy child can be judged to be an injury to the parents' because such a motion 'offends fundamental values attached to human life,'" according to the nine-page dismissal motion filed earlier this week. "Accordingly, under Illinois law, (Cramblett) is precluded from recovery costs associated with raising a normal, healthy child."
...

and this..
http://www.washingtontimes.com/news/2015/may/1/sperm-bank-wants-judge-to-toss-suit-involving-bira/
...
Attorneys for the sperm bank argue in their motion for dismissal that wrongful birth doesn’t apply because the child wasn’t born with a hereditary or genetic disorder. They also claim the suit’s other allegation, breach of contract under the state’s so-called blood shield act, isn’t valid because the sperm wasn’t deficient or contaminated.
...
I guess the mother needed some judge to tell her there was nothing wrong with her child..
 
That's crazy. It shouldn't be about the baby being defective or even about its race, it's a breach of contract because she was led to believe she would be getting something she didn't. What if, instead of mixing up two donor samples, the summer trainee at the sperm bank had decided to wank his own special mix and give it to the customer instead? Would that be ok too, as long as he was healthy of course?
 
That's crazy. It shouldn't be about the baby being defective or even about its race, it's a breach of contract because she was led to believe she would be getting something she didn't. What if, instead of mixing up two donor samples, the summer trainee at the sperm bank had decided to wank his own special mix and give it to the customer instead? Would that be ok too, as long as he was healthy of course?

Exactly. You order an A, you get a B. The B can be perfectly serviceable yet the company is in the wrong.
 
That's crazy. It shouldn't be about the baby being defective or even about its race, it's a breach of contract because she was led to believe she would be getting something she didn't. What if, instead of mixing up two donor samples, the summer trainee at the sperm bank had decided to wank his own special mix and give it to the customer instead? Would that be ok too, as long as he was healthy of course?

Exactly. You order an A, you get a B. The B can be perfectly serviceable yet the company is in the wrong.
Then her attorneys shouldn't have been stressing how awful it will be to have a black baby and focused instead on the simple breach of contract. In which case they would only be responsible for their fees and perhaps the medical costs of having the baby.
 
Then her attorneys shouldn't have been stressing how awful it will be to have a black baby .
No, no, that's fine. They'll tout the horrors of having an interracial kid and if they're lucky in jury selection they'll get some huge damages.
Then, since we had three interracial babies, we should be able to sue somebody for three times that much in damages, right?

The Navy, I would guess. They should not have approved my request chit to get married to another sailor without verifying that the kids would not be subjected to such horrors in the future. Dammit, Chief Sharkey!
 
Exactly. You order an A, you get a B. The B can be perfectly serviceable yet the company is in the wrong.
Then her attorneys shouldn't have been stressing how awful it will be to have a black baby and focused instead on the simple breach of contract. In which case they would only be responsible for their fees and perhaps the medical costs of having the baby.
It's not so much about a poor strategy by the lawyers, as it is that the Illinois state law explicitly protects blood and organ donors from liability in cases like this, so the plaintiff's only option was an appeal to racism.
 
Even in cases of a breach of contract, maximizing a plaintiff's civil case means maximizing the value of one's damages. It would be "racist" to appeal to one's own racial prejudices, but it is not so "racist" to appeal to the racial prejudices of the town. The racial prejudices of the town are therefore likely to be exaggerated by the plaintiff's lawyers. Publicly, we generally don't admit to preferring the reproductive cells of one race over another. Privately, we most certainly do. Data of OKCupid reveals that white men are the most desired mating partner among women generally, especially by white women. Also interestingly, men of all races prefer Asian women.

scoresDateHookup.png


DNA from white men is highly valued, and DNA from black men--not so much. Subconscious desires conflict with the conscious dogmas. The defending sperm bank threatened to publicize the lawsuit because it would make make the defendants look "racist," and, yeah, the public obliged. The threat could have easily been to the defendant's advantage.
 
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