Back in 2014, Jennifer Cramblett, a White woman, made national headlines when she sued Midwest Sperm Bank after she was accidentally impregnated with the sperm of a Black donor. Cramblett and her partner Amanda Zinkon had wanted her to be impregnated with a blond-haired, blue-eyed man’s sperm so their child Peyton, now 3, would resemble them both. The accidental insemination occurred in 2011.
And while at the time, the sperm bank apologized for the mix-up, Cramblett went public and even appeared on the “Today” show where she discussed her wrongful birth suit. On the morning show, Cramblett claimed she would “never trade” their daughter for anything in the world and that she “doesn’t have any problems with having a mixed-race child.”
However, according to her suit, she feared that her daughter would grow up feeling like an “outcast” in their predominantly White neighborhood. So… she was seeking $50,000 in damages.
Now, a DuPage County judge, Ronald Sutter has thrown out the lawsuit, reports the Chicago Tribune. The sperm bank’s attorney argued that the claim of “wrongful birth” could not apply in this case, as Cramblett’s child was healthy. Her claim that the sperm bank’s error amounted to “breach of warranty” was also dismissed.
It appears that Sutter agreed with Midwest Sperm Bank attorneys, who said that Cramblett’s claim lacked legal merit. However, the judge did tell Cramblett that she could refile the suit as a negligence case.
