In a reversal, a federal appeals court now says that a girl who inherited fragile X from sperm her mother purchased from a sperm bank cannot sue under product liability law.
Genetic tests attribute Brittany Donovan’s fragile X diagnosis to sperm her mother Donna Donovan purchased from a sperm bank in 1995. Donna Donovan wanted to sue the sperm bank on behalf of herself and her daughter — now age 14 — because she had been assured prior to the purchase that all sperm donors were subject to screenings and genetic testing.
Last year a court sided with the Donovans, allowing their lawsuit to move forward in what was considered a first of its kind decision.
But now a federal appeals court is dismissing the claim, ruling that allowing the lawsuit to go forward would suggest that a person can sue for “wrongful life,” reports The Legal Intelligencer. To read more click here.
Our kids need to know that we love and accept them unconditionally. How then do you explain such a lawsuit to the child? I love you but your disability is so horrendous to me that I need to sue somebody…because this is not the life I wanted? Ergo you are not the child I wanted. This is how your child was born. It’s nobody’s fault. Deal with it.
This is the same mentality that leads parents to sue when a child with Down syndrome was not diagnosed in utero… These folks need prayers…