| http://www.reuters.com/article/us-illinois-sperm-idUSKCN0XJ2IG "A white Ohio woman sued a sperm bank in federal court on Friday for mistakenly giving her, and her white same-sex partner, sperm from an African-American donor, court documents showed. Jennifer Cramblett of rural Uniontown in northeastern Ohio filed the lawsuit in U.S. District Court in Chicago claiming fraud, misconduct and negligence on the part of Midwest Sperm Bank because of the sperm it used to inseminate her in December 2011, according to the complaint. Cramblett gave birth to a "beautiful, obviously mixed race, baby" girl on August 21, 2012, after she learned five months beforehand that the sperm bank in Akron, Ohio used sperm from a black donor rather than a white donor as she had requested, court documents showed. Cramblett "is now facing numerous challenges and external pressures associated with an unplanned transracial parent-child relationship for which she was not, and is not, prepared," the suit said. The sperm bank was not immediately available for comment. The lawsuit accuses the sperm bank of failing to follow FDA requirements, misrepresentation and breaching its contract with Cramblett. Cramblett said in an earlier lawsuit filed in an Illinois court that although she and her partner love the little girl, she is concerned about bringing her up in a white, racially intolerant community, and in a white "often unconsciously insensitive" family. That lawsuit against the sperm bank based in the Chicago area was dismissed in September, according to local media. Cramblett said that she and her partner wanted a donor with "genetic traits similar to both of them," and picked one after reviewing his history, the earlier suit said. It also said the mistake was made because the sperm center, which keeps records in pen and ink rather than electronically, misread donor numbers. Cramblett said in the earlier suit that her family is already uncomfortable with the fact that she is a lesbian, and that she doesn't want her daughter to feel stigmatized due to the circumstances of her birth. The federal lawsuit demands more than $150,000 in damages." |
| AY CARAMBA ESO ES RACISTA |
 Nico- said: Conversations with people pinging/quoting me to argue about some old post I wrote years ago will not be entertained@Comic_Sans oh no y arnt ppl dieing i need more ppl dieing rly gud plot avansement jus liek tokyo ghoul if erbudy dies amirite |
| Give the baby to that Evangelical couple I've heard about. They'd take the baby in a heartbeat. |
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| If she specified wanting a certain race's sperm or baby of a certain race before they gave her the sperm, then i think she has a legitimate case. But if she didn't specify beforehand, then she should lose the case. |
| so the only option left is postnatal abortion? |
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| Just have a man f*ck you literally. At least you'll get a glimpse of the baby by its father. LOL. |
#CHEXIT |
| LOL should theu sute a fucking space cbank =??? Thate MESsED UP LMFAO |
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| Real life lesbians are unfortunately nowhere near as great as their porn film counterparts. Fuck this bitch. How about showing some of that "gay tolerance" and accept your baby regardless of its fucking color. Or better yet, go fuck a man of your preferential race/color. BTW....when this kid grows up and finds out about this how badly do you think she'll be scarred? |
| The sperm bank had an obligation to provide the services that were paid for. If they failed to do so, then they should be held responsible. It's a contractual issue, not one about being 'accepting' or tolerant. Yet here we are with sentiments like 'fuck this bitch' as if the Sperm bank should not be held responsible. Mind boggling.... |
retiring_animeApr 24, 2016 3:17 AM
| If the sperm bank provided false information about the donor, it's fraud, and probably battery. Plain and simple. She has every right to hit them up for the maximum punitive and compensatory damages. Compensatory damages include what she paid to the sperm bank and any extra costs she can show associated with raising a mixed-race child. However, that last bit is mainly going to be expected counseling and what not. She also would be able to file criminal charges. If they gave her sperm from the wrong donor, that's one heck of a case of negligence, and also breach of contract. However, those only collect compensatory damages. To get punitive damages, she would have to show that they (intentionally) misled her on the assurances that she would get the donor she specified, or were grossly negligent (well beyond just careless). If they did not follow federal law when handling the "donations," she does potentially have a case on gross negligence as well. I am, however, curious about the time lapse. Why did she wait so long? According to the article, she was informed of the error around late March, 2012, and the child was born in late August, 2012. At best, the that's nearly 4 years since the clock on the statute of limitations started ticking, and Ohio has comparatively low statutes of limitations. She's probably suing in Federal court because the state case is DOA. Even if she filed last year, she was too late for most torts. But Federal Court is ugly: excessively technical, downright anal in demands to navigate the technicalities, and limited in what you can sue over. Plus, juries come from a wider geographic area. As such, the choice of Federal Court is generally made by defendants with deep pockets to make it harder on the plaintiffs. Plaintiffs don't use it unless they have to. |
ErwinJAApr 24, 2016 3:57 AM
| Gattaca is finally happening. This is literally insane, what is this world coming to? Do people seriously hear themselves? They're treating this baby like predetermined property. Where's the unconditional love? She's going to make a terrible mother and the baby's skin color won't change that. |
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Ratohnhaketon said: She's going to make a terrible mother and the baby's skin color won't change that. She'll make her a lesbian racists bitch. |
#CHEXIT |
dizzyur said: does it seriously not make sense to you how a company's major FUCK UP could possibly leave someone pissed off and unsatisfied? chica, if your baby is beautiful than why even try suing the business? So, they dun' goof'd? you still have a cute baby, right? they asked for a specific thing and since they screwed up theyre only stuck with that baby for...oh i dont know...like 30 FUCKING years?? Not such a big deal right?? and lol @ how the 'cuteness' of the baby is such a huge point apparently . like that's something to make the lesbian couple feel better on how bad some1 screwed them over. also how cute the baby is when theyre born is not a good indicator of how theyre gonna look in the future, lol. |
| I can understand that they are angry over the screwup, but I really doubt the vast majority of white people in Ohio will care the child is black and they are white. |
 "Let the Dragon ride again on the winds of time." |
| Well, the child wasn't black. So it isn't that bad for her. Not saying having a black child is bad, was stating the point of view of that woman. |
| Well they did mess up what was asked for so it is a legitimate case. It clearly says they wanted the baby to look like both of them. They wanted to look related so they can feel closer as a family and so it wont be obvious which mother is the birth mother. It's not hard to understand their motives and heartbreak over it. |
traedApr 24, 2016 3:02 PM
| I can see why they'd be pissed off if they specified they wanted a caucasian baby. |
lilcoffeebean said: The sperm bank had an obligation to provide the services that were paid for. If they failed to do so, then they should be held responsible. It's a contractual issue, not one about being 'accepting' or tolerant. Yet here we are with sentiments like 'fuck this bitch' as if the Sperm bank should not be held responsible. Mind boggling.... This isn't the first time there has been a mix up at a sperm bank, it probably won't be the last either. This woman (regardless of her legitimate complaints) is doing a bigger disservice towards the innocent baby by going after them about this. If you truly love your daughter, regardless of her skin color, and you are happy with her....then just play the cards you were dealt and shut up. Yes, they messed up....but here she is saying she loves the kid, but hey, I also want MONEY$$$ Again....imagine when this kid grows up and finds out about this, how badly will it sound? And people like me are not going to be the biggest criticizers of this woman....I support gays getting married and adopting kids and shit. It's people who dislike the ideas of gays in general and them having kids that will absolutely run with this story as an example to criticize all of them. |
| I saw some irony in their statement, it is as if the society is more tolerant towards white lesbians than a black girl. |
| The most important things in life is the people that you care about |
| @justalex Most of that is largely irrelevant. It doesn't matter if sperm banks have or will continue to make mistakes. We're not talking about ordering pizza here, a mistake in this area is not acceptable. It doesn't matter if some group will use this as an example to further their own agenda. Almost every thing you do can be used by someone. It really doesn't matter if she loves the child either, although considering she didn't give her up for adoption I think it's safe to assume she does. As far as how bad it will sound to the child, that largely will depend on how they broach the subject with her in the future. A company shouldn't be able to get away with such negligence and that's what 'shutting up' amounts to. I don't blame her for refusing to roll over and it's not as if she's even asking for an exuberant amount of money although the amount awarded would rest with the judge in the end. @ErwinJA I found that a bit odd too. She originally filed the lawsuit in 2014, but filed for 'complaint for wrongful birth and breach of warranty' but both claims were dismissed, as they didn't legally apply. The first because the child was born healthy and the latter because the specific state law only applies to tissue and blood donations, but not sperm. That's all I could substantiate. From there articles said things like the judge gave her 14 days to refile under negligence, but I couldn't find any proof of such other than the fact she did refile. Either way though, I too found the time lapse strange. |
| Placing something inside someone they did not ask for is not really far from rape. Its not rape since it's not sexual but it has some similarities. I wonder how many people would be defending this if the baby had an illness. Did you know diabetes is 60% more common in black Americans than in white Americans. Black people are up to 2.5 times more likely to suffer a limb amputation and up to 5.6 times more likely to suffer kidney disease than other people with diabetes. African-Americans are three times more likely to die of asthma than white Americans. Deaths from lung scarring -- sarcoidosis -- are 16 times more common among blacks than among whites. Despite lower tobacco exposure, black men are 50% more likely than white men to get lung cancer. Strokes kill 4 times more 35- to 54-year-old black Americans than white Americans. Blacks have nearly twice the first-time stroke risk of whites Blacks develop high blood pressure earlier in life -- and with much higher blood pressure levels -- than whites. Nearly 42% of black men and more than 45% of black women aged 20 and older have high blood pressure. Cancer treatment is equally successful for all races. Yet black men have a 40% higher cancer death rate than white men. African-American women have a 20% higher cancer death rate than white women. |
| Just keep the kid lol, are you really going to scorn the child for life just because the race wasn't your preferred race? |
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| lol, a lesbian is being racist. Irony. |
It's not racism be upset over having something placed in your body you did not ask for. Martin said: Just keep the kid lol, are you really going to scorn the child for life just because the race wasn't your preferred race? It was not about race, it was features similar to both parents. It even says right above. Its so they look like their parents even though there is no relation to one of them. Its to form closer bonds and make it less awkard for the kid. |
| Legally, they have a case. Still kinda racist..or maybe they just want to make money. |
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| ayyyy Northeast Ohio representin' I see. They do have the right to be angry though. They didn't get what they paid for, and unlike other purchases, you can't return a child for a refund. Speaking from experience since I grew up around there, the Cleveland-Akron area has it's fair share of racist, and homophobic, citizens, especially the farther south you go. As long as the couple doesn't love their child any less because of her race, then yeah, it's an understandable case. I just hope them bringing attention to this mess-up on the sperm bank's part won't cause people to go after them. Don't know what sueing would really fix, but whatever |
Salvatia said: Cramblett said that she and her partner wanted a donor with "genetic traits similar to both of them," and picked one after reviewing his history, the earlier suit said. It also said the mistake was made because the sperm center, which keeps records in pen and ink rather than electronically, misread donor numbers They defiantly have a case, hope they win they really should be more professional considering the long term effects for everyone involved. |
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| Well I'd say they are fair to get compensation and such coz they signed up for something and they didn't get what they asked for. end of. but I am glad they love the child and want to keep it and aren't just doing it out of racism. thank GOD! Although it is only fair to want the best for the child and its nice she thought of that, its also fair that they would want a child that looks like them so that they feel like it is jenuinly theirs. you don't know what they have been through so may feel depressed they can't have a ligitamate child of their own blood so it only makes sense to try and replicate that as much as possible |
| White man/woman want white baby black man/woman want black kid This is fuckin logic, now enjoy this great speech: |
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| Hope the place goes bankrupt, whites are already on he down path and now they do this? |
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dizzyur said: ichii_1 said: Hope the place goes bankrupt, whites are already on he down path and now they do this? America is still between fifty to sixty percent white bub that's still majority what are you talking about And in a 100 years or so they will be the minority or extinct since the other races are breeding like rats. |
|
Zollty said: White man/woman want white baby black man/woman want black kid This is fuckin logic, now enjoy this great speech: Uh....Ali inadvertently talking about speciation is not something I want to hear about, because he clearly doesn't know what the fuck he just said. The color of humans does not make us different species nor does mixing colors do anything to harm humans in any evolutionary term. Then again....Ali is a Muslim who believes in a Personal God....and he's talking about "God making us this way"....SORRY....that's not how it happened. Hell, if anything....if you DO believe God created humans as one race....then you got a LOT of explaining as to how we have so many fucking races around the world. Whatever.....I understand that races feel more comfortable around others that look like themselves....after all this is an evolutionary trait. But in the modern world, and thanks to our diverse geographical areas....people are more than comfortable marrying and mixing with other races. ichii_1 said: And in a 100 years or so they will be the minority or extinct since the other races are breeding like rats. And IF that happens then it happens because white people don't feel like having 2+ kids. And since we live in world of FREE choice....I see nothing wrong with it. It's not like White people are being forced to not marry or only have ONE kid....they're choosing those options on their own. Look, I HATE this SJW shit a lot....and I truly mean that. But I also HATE the other extremist side....which at the moment is white nationalism. And they're the ones spouting all this "White genocide" bullshit. The reason whites are losing in population is because they don't want to have kids....and no one can force them....blacks and other minorities are not the cause of this. |
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