[ I wrote about this case last fall, before the decision in the case. This Ethics Quiz is a follow up. No fair cheating by going back and reading the older post until you have your answer]
Jennifer Cramblett, one half of a white same-sex couple that wanted a child, went to Midwest Sperm Bank and chose adeposit from donor No. 380. The sperm bank made that ol’ “8 looks like 3” mistake, so instead of the white donor the couple wanted, they were given sperm from donor No. 330, a black man. Cramblett filed suit against the sperm bank in 2014 for damages because she gave birth to a mixed-race daughter, and that was not what she paid for.
The sperm bank apologized but refunded only part of the cost to Cramblett and her partner Amanda Zinkon, and denied that damages were warranted. Cramblett’s suit alleged that the mistake caused her and her family stress, pain, suffering and medical expenses, and that she feared that her daughter, Payton, now 3, would grow up feeling like an “outcast.” Attorneys for the sperm bank argued that “wrongful birth” suits should only apply to cases where a child is born with a birth defect that was predictable. In this case, the girl, Payton, is normal and healthy. Being black, of course, is not a defect.
The judge threw out the case, but headlines have been misleading. The original suit—why, I don’t know—failed to allege negligence, which I would think would be a slam dunk. The suit can and presumably will be refiled with a negligence claim, and that’s res ipsa loquitur. (If a black child is born to a white couple, someone goofed somewhere.) There will be damages, but the question is how much and on what basis.
Your Ethics Alarms Ethics Quiz of the Day is this:
Ethics Alarms 