Mom, Daughter Can’t Sue Over Sperm That Caused Fragile X
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.
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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.