4 ms·
The article doesn't go into a terribly large amount of detail. With that as the basis, I'm not sure if this is fair to the sperm bank. First, if she's a 13 yea
by geuis 18y ago
The article doesn't go into a terribly large amount of detail. With that as the basis, I'm not sure if this is fair to the sperm bank.
First, if she's a 13 year old girl with learning disabilities, then my first guess would be that she might not be cognizant enough to initiate such a suit. I smell greedy parents/lawyers behind this, as are behind many lawsuits.
Second, we have to look at the availability of genetic screen tests available when the sperm was donated. I don't know how long sperm samples are kept, but lets be lenient and say the sample was donated no more than 2 years prior to the insemination. So what genetic tests were available commercially between 1994 and 1996? The tests were way less comprehensive than what we have available now. I think the open question is whether or not this was a genetic disorder that could even be screened for in that time period.
Ultimately it should boil down to "Was it possible for the sperm bank to detect this genetic problem at the time of donation? If yes, did they have an internal policy to scan for such problems?" If the answer to the first question is "No", then I don't see how there is a case. If the answer was "Yes" and the 2nd answer "Yes", then there is a case for negligence. If "Yes" and "No", then that's a grey area that can only be resolved via court action.
As an aside, I wonder what the mother's take on this is. If a person can sue a company for providing "faulty" genetic material, then can I sue my parents or grandparents if I inherit something life-threatening? Do we hold healthy individuals responsible if they have children, but inherit two recessive genes from both parents that results in some kind of disability?
I'm reminded of Gattaca, where the main character's love interest takes a sample of his hair to a walk-up lab for a genetic cross-screening, to see if there would be problems in the genes of potential children.