Baby Comes Out Too Dark - Couple Sues Fertility Clinic

[matcom]

<snip>

NEW YORK -- A New York judge is allowing a couple to sue a fertility clinic accused of mistakenly inseminating the woman with sperm other than her husband's.

The couple filed suit after the wife gave birth to a daughter whose skin they thought was too dark to be their child. The judge noted that the couple had three DNA tests -- a home kit and two professional lab workups -- all of which confirmed that Thomas Andrews is not the baby's biological father.

Thomas and Nancy Andrews, of Commack, N.Y., sued New York Medical Services for Reproductive Medicine, accusing the Manhattan clinic of medical malpractice and other offenses.

The couple contends that while they love their daughter, she is also a daily reminder of the mistake that was made.

http://www.wftv.com/family/11329157/detail.html

[mainegreen]

1. They put the wrong man's freaking sperm in her.

I'd sue them too if I were in their shoes. Mistakes like that destroy marriages. Not only that, it's a total and complete breach of contract. Hell, it's grossly negligent.

[RobinA]

3. Maybe...

But there is a child involved. Whose welfare should take precedence here. Can't imagine Mommy and Daddy suing because she didn't turn out the right color bodes well for the future. "Oh honey, we love you just the way you are, but we're suing because you are the way you are." Suck it up, you are parents.

And sure, it's a heinous mistake. But it can't be undone with a suit and the suit will only damage the child.

[mainegreen]

4. There is no indication they are abdicating their responsibility as parents.

But to let the company off the hook is abhorrent to me. They failed to deliver on a contract in a big way. These people paid for a service and did not receive it. That is totally independent of taking care of and loving the child. You can do both. Hell, a big payout IMHO will actually improve the parents financial stability, which would help the child.

[philosophie_en_rose]

8. I agree completely. Fertility treatments cost a fortune.

They deserve their money back. They can love their daughter very much, and still receive their money back.

[eyesroll]

9. Bingo. They're not suing for "wrongful birth" or trying to get 18 years of support from the company.

I didn't click, but I'm assuming they are suing for malpractice (definition: It's professional negligence. The doctor in the situation failed to act as a reasonable doctor with similar training and specialization would in that situation) and for breach of contract (I'd say getting sperm from a stranger when you expected it to be that of your husband is a material breach of what you signed up for). Sounds reasonable.

[kwassa]

2. I guess they don't love their daughter THAT much.

[Commie Pinko Dirtbag]

5. If they did, what would they do, I ask? -nt

[barb162]

10. The "daughter" is not the daughter because the infant is

not from the biological father's sperm.

[Shakespeare]

6. It's just a little overcooked, is all. n/t

[philosophie_en_rose]

7. It's malpractice, breach of contract, and nothing to do with love for the child.

They love their child very much.

However, considering the huge amount of money it costs for fertility treatments, I think the parents are entitled to get some or all of their money back.

[deepthought42]

11. I heard about this on the radio.

Yikes! I'm sure they do love their daughter very much; she is innocent in this. The couple wanted to have a child together, and instead the wife ends up giving birth to a child that is fathered by a complete stranger, which is not what she nor her husband paid for! I'd say that is a pretty big deal, and they deserve some sort of compensation.

[skygazer]

12. Interesting how people view this through the lens of love for the kid

I would sue too, not because I didn't love my child but because the company and the doctor should not be allowed to get away with such gross negligence. That's the purpose of lawsuits like this - when someone sues because their loved one died or was maimed, it's not to replace the loved one, it's to punish the perpetrator of the misdeed.

Besides, other consumers should be made aware that this place plays fast and loose with the genetic material in their possession.