Customize Consent Preferences

We use cookies to help you navigate efficiently and perform certain functions. You will find detailed information about all cookies under each consent category below.

The cookies that are categorized as "Necessary" are stored on your browser as they are essential for enabling the basic functionalities of the site. ... 

Always Active

Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.

No cookies to display.

Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.

No cookies to display.

Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.

No cookies to display.

Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.

No cookies to display.

Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.

No cookies to display.

FIND A LEGAL COUNSEL

Sperm Bank Sued for Misrepresenting Donor Processes

The Georgia Supreme Court revived a 2017 lawsuit by two parents claiming a sperm bank misrepresented its screening process for donors. They claim these misrepresentations ultimately led them to purchase sperm from a donor with hidden mental illness and felony convictions.

Sperm Bank DonationPhoto Credit: Shutterstock

Norman v. Xytex Corp. was initially decided by a Fulton County Judge and the ruling was upheld by the Georgia Court of Appeals. A 1990 Georgia Supreme Court ruling in Atlanta Obstetrics & Gynecology Group v. Abelson served as the precedent used in those cases, as the sperm bank argued that the lawsuit brings claims for wrongful birth”. The court in Abelson barred wrongful birth claims, stating, “we are unwilling to say that life, even life with severe impairments, may ever amount to a legal injury.”

The Normans brought the lawsuit against Xytex, its Atlanta-location medical director, and one employee. The Normans’ suit alleges fraud, negligent misrepresentation, battery, negligence, unfair business practices, false advertising, unjust enrichment, and other wrongdoing.

According to Xytex records, the donor was a Ph.D. candidate with an IQ of 160, a clean mental health history, and no criminal record. The reality starkly contrasted; Donor #9623 had a past that the Norman family strongly feels they should’ve known. That past included several hospitalizations for psychotic schizophrenia and other mental illnesses as well as a burglary conviction. It was also found that he provided fake diplomas and had no degree at the time of donation.

The Normans’ son was conceived with the donor’s sperm and born in 2000. As he grew older, he experienced severe medical and mental health problems, including a blood disorder inherited from the father. He has also been prescribed anti-psychotic medications to assist with his suicidal and homicidal thoughts.

The original ruling correctly states the Normans can’t sue based on the theory that they wouldn’t have purchased the donor’s sperm if Xytex had revealed his true background, the Georgia Supreme Court said. “This is a classic wrongful birth claim.”

The Georgia Supreme Court did decide Abelson does not preclude all of the Normans’ claims. As a result, they can sue based on allegations that their reliance on the sperm bank’s donor information led them to delay seeking out diagnosis and treatment for their son’s conditions.

In the coming months, the Normans must figure out which claims for damages will fit under the high court’s ruling. That determination of which claims survive has been remanded to Georgia’s lower courts. Once that’s decided, it looks probable the Normans have a shot at winning a settlement.

For more articles from Haute Lawyer, visit https://hauteliving.com/hautelawyer/

Source:https://www.abajournal.com/news/article/couple-can-sue-sperm-bank-for-misrepresentations-donor-allegedly-hid-mental-illness-inflated-education

FIND A LEGAL COUNSEL