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Judge: New York Woman Can’t Sue For Product Liability Over Sperm

A federal court has ruled that sperm bank sperm can’t be the subject of a NY defective product or NY products liability lawsuit. This decision was handed down after a New York woman and her daughter claimed that the daughter had a genetic defect because of her father’s sperm, which was purchased from a laboratory. New York Judge Thomas N. O'Neill Jr. came to the same decision in 2009 when he heard the case, saying that he believed that the case was a wrongful life case, not a products liability case.

In 1996, Donna Donovan gave birth to her daughter, Brittany, having used the services of the sperm bank Idant Laboratories. The lab promised Donovan that she was receiving a quality product that had been screened for strong genetic backgrounds, but the woman soon learned that her daughter suffered from Fragile X, a genetic disorder that can manifest itself with learning disabilities, mental retardation, behavioral problems, and emotional problems. After further investigation, it was confirmed that Brittany’s biological father was a carrier for the genetic problem, while Brittany’s mother was not.

Over the next 11 years, Donovan’s New York products liability attorney argues that the lab concealed the fact that Fragile X was given to her daughter by the donor. When she finally confirmed that that was indeed the case, she took them to court. The court argued that she waited too long to bring the case to court – far past the statute of limitations. The court also hesitated to call Brittany’s condition an “injury” that was caused by the sperm bank.

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