Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Lawsuit dismissed: Caucasian lesbian woman who received African-American sperm by mistake
Daily Herald ^ | 9/3/2015 | Justin Kmitch

Posted on 09/04/2015 6:01:43 AM PDT by rochester

An Ohio woman's lawsuit alleging a Downers Grove sperm bank error that led to the birth of her biracial daughter has been thrown out of court.

A DuPage County judge Thursday dismissed the lawsuit against Midwest Sperm Bank, saying the woman's wrongful birth claim and breach of warranty were not viable claims under state law. The suit, originally filed last November in Cook County, was refiled in DuPage County in March.

Judge Ronald Sutter then gave attorneys for Jennifer Cramblett of Uniontown, Ohio, 14 days to refile the lawsuit as a negligence claim.

Thomas Intili, a Dayton, Ohio attorney representing Cramblett said they agreed that a negligence claim was more appropriate and would move forward.

"The wrongful birth claim and the breach of warranty claim were determined to be not consistent with Illinois Law so we will submit our amended complaint, which we expect the court will then consider," Intili said outside of court Thursday. "We are considering additional claims as well."

According to the original 11-page filing, Cramblett was impregnated through artificial insemination in December 2011. It wasn't until Cramblett, who is white, was five months pregnant that she learned she was accidentally impregnated with the sperm of a black man.

Cramblett learned of the mix-up when she called to reserve additional vials from the same donor so her partner, Amanda Zinkon, 30, also could become pregnant.

The original lawsuit alleges that the mistake was a result of handwritten records, rather than electronic records that would have made the error easier to catch.

Cramblett and Zinkon selected donor No. 380 after reviewing the man's 23-page profile in August 2011, but were instead given sperm from donor No. 330, according to the lawsuit.

The mistake was discovered in April 2012 when Cramblett called the facility to order several more vials from donor No. 380 and was told she was impregnated by donor No. 330.

Cramblett received a letter from the clinic the following month apologizing for the mix-up and a check, reimbursing her for the additional incorrect vials she received in September 2011, according to the suit.

Attorney Robert Summers, who represented the sperm bank Thursday, was not immediately available to comment on the ruling.

The case is due back in court Dec. 17.


TOPICS: Culture/Society; News/Current Events; US: Ohio
KEYWORDS: 2perverts; 2psychos; afroturf; amandazinkon; artificial; astroturf; blackkk; blackliesmatter; blacklivesmatter; cramblett; gaykkk; homosexualagenda; insemination; itsallwhitebaby; jennifercramblett; lesbian; libertarians; medicalmarijuana; ohio; redistribution; reparations; sperm; uniontown; whiteprivilege; wrongsperm; zinkon
Navigation: use the links below to view more comments.
first previous 1-2021-4041-45 next last
To: rochester

Seems to me there is clearly a cause of action, the tough question is what damages would be allowed and how do you compute them?


21 posted on 09/04/2015 6:27:49 AM PDT by circlecity
[ Post Reply | Private Reply | To 1 | View Replies]

To: rochester

Why would it matter? If it is acceptable for lesbians to impregnate themselves with donated sperm to conceive children outside of any traditional gender roles/actions heretofore necessary to produce offspring/raise children, then how can the race of the sperm and resultant offspring be pertinent?


22 posted on 09/04/2015 6:28:41 AM PDT by spodefly (This is my tag line. There are many like it, but this one is mine.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rochester

One more black child without a father. Just what we needed.

Poor child. Mentally ill mother. Absent father, great way to start life.


23 posted on 09/04/2015 6:32:03 AM PDT by panzerkamphwageneinz
[ Post Reply | Private Reply | To 1 | View Replies]

To: rochester

The kid will probably grow up to be president.


24 posted on 09/04/2015 6:32:28 AM PDT by Kirkwood (Zombie Hunter)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Eddie01

oops wrong thread.


25 posted on 09/04/2015 6:34:56 AM PDT by Eddie01
[ Post Reply | Private Reply | To 19 | View Replies]

To: rochester
Apologies to Mel Brooks. Who's sperm did I put in ?

Abby Normal

26 posted on 09/04/2015 6:39:05 AM PDT by csvset ( Illegitimi non carborundum)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rochester

Everyone will look at the child and parents and know one of them cheated.


27 posted on 09/04/2015 6:42:56 AM PDT by eartrumpet
[ Post Reply | Private Reply | To 1 | View Replies]

To: TruthShallSetYouFree

Good one!


28 posted on 09/04/2015 6:45:52 AM PDT by Flick Lives (One should not attend even the end of the world without a good breakfast. -- Heinlein)
[ Post Reply | Private Reply | To 11 | View Replies]

To: rochester

A couple carpet munchers used the wrong turkey baster? Oh well.


29 posted on 09/04/2015 6:48:29 AM PDT by Beagle8U
[ Post Reply | Private Reply | To 1 | View Replies]

To: TruthShallSetYouFree

Funny!


30 posted on 09/04/2015 6:53:55 AM PDT by ABN 505 (Right is right if nobody is right, and wrong is wrong if everybody is wrong. ~Archbishop Fulton John)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Wilderness Conservative

Oh, I am sooo lucky I wasn’t taking a big old gulp of coffee when I read that!


31 posted on 09/04/2015 6:54:12 AM PDT by FrdmLvr ("WE ARE ALL OSAMA, 0BAMA!" al-Qaeda terrorists who breached the American compound in Benghazi)
[ Post Reply | Private Reply | To 3 | View Replies]

To: rochester

Black Sperm Matters


32 posted on 09/04/2015 6:55:32 AM PDT by Leep (Cut the crap!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rochester

Oh for Christ’s sake, “Caucasian” is NOT ANALOGOUS to “African American”. WTF passes for education theses days?

Caucasian is analogous to Negroid.
African American is analogous to European American.


33 posted on 09/04/2015 6:55:35 AM PDT by rhoda_penmark
[ Post Reply | Private Reply | To 1 | View Replies]

To: rhoda_penmark

And furthermore, every human being having Negroid anthropological physical characteristics is NOT A FREAKING “African American”.

The world has almost become to stupid to bear.


34 posted on 09/04/2015 6:58:07 AM PDT by rhoda_penmark
[ Post Reply | Private Reply | To 33 | View Replies]

To: TruthShallSetYouFree

LMAO!


35 posted on 09/04/2015 7:19:34 AM PDT by xsmommy
[ Post Reply | Private Reply | To 11 | View Replies]

To: Wilderness Conservative
#Blackspermmatters

LMAO!!!!!!!

36 posted on 09/04/2015 8:02:42 AM PDT by dragonblustar (Philippians 2:10)
[ Post Reply | Private Reply | To 3 | View Replies]

To: eartrumpet

Nice!


37 posted on 09/04/2015 8:05:20 AM PDT by TalonDJ
[ Post Reply | Private Reply | To 27 | View Replies]

To: TruthShallSetYouFree

Give that writer a genius grant!


38 posted on 09/04/2015 8:11:29 AM PDT by Demiurge2 (Define your terms!)
[ Post Reply | Private Reply | To 11 | View Replies]

To: rochester

Ah, but was it delivered by an Indian Doctor, a south sea Islander nurse, in a hospital room built by American Irish workers?


39 posted on 09/04/2015 8:13:47 AM PDT by going hot (Happiness is a momma deuce)
[ Post Reply | Private Reply | To 1 | View Replies]

To: American in Israel

Not only deep but delicious! Couldn’t the technician see that the little swimmers were black?

Oh, they all are the same color? Never mind.

Racist Queers, a new protected class.


40 posted on 09/04/2015 8:58:07 AM PDT by BatGuano (You don't think I'd go into combat with loose change in my pocket, do ya?)
[ Post Reply | Private Reply | To 5 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-45 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson