U.S. judge dismisses Canadian couple’s sperm bank...
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Oct 21, 2015  |  Vote 0    0

U.S. judge dismisses Canadian couple’s sperm bank lawsuit

Port Hope couple plans to appeal decision, after suing over what they said was misinformation about a donor’s health history

OurWindsor.Ca

A U.S. judge has tossed out a lawsuit against a sperm bank by a Port Hope couple who charge they were misled about the health history of a donor who turned out to have schizophrenia.

But their lawyer says she is going to appeal.

Atlanta judge Robert McBurney on Tuesday granted Xytex Corp.’s motion to dismiss the lawsuit, which claimed fraud, negligence and product liability.

In his written decision, McBurney states that he agrees with Xytex’s argument that each of the claims is “rooted in the concept of wrongful birth, a claim not recognized under Georgia law.”

The case, which has garnered headlines around the world, has raised questions about how carefully sperm banks screen donors.

When mothers Angela Collins and Margaret Hanson decided to have a baby back in 2007, they went to Atlanta-based Xytex, one of three U.S. banks approved by Health Canada, according to court documents.

They went through a catalogue of prospective donors and zeroed in on “Number 9623” because of his impressive background.

Touted as Xytex’s “best donor,” he was said to have an IQ of 160, a bachelor's degree in neuroscience, a master's degree in artificial intelligence and a PhD in neuroscience engineering in the works.

Collins became impregnated with his sperm through artificial insemination.

Xytex later inadvertently released the donor’s name to the couple. They then learned he has schizophrenia, is a college dropout, had been arrested for burglary and is an ex-felon, according to legal documents.

In a phone interview from her office in San Francisco on Wednesday, the couple’s lawyer, Nancy Hersh, said she doesn’t agree with the judge’s interpretation that the lawsuit is a wrongful birth action.

She said she feels that McBurney “teed it up for us to appeal” by noting in his decision that science has advanced much faster than the law in this area.

“It’s a travesty when a company like Xytex can fraudulently represent a product and then walk away from it,” she charged.

Xytex did not respond to requests for comment made by phone and email.

Toronto Star

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