Remember white lady who got black sperm in error?

[downtoearth]

So the judge said she lacked standing and now she'll have to refile. I hope she drops it. Basically she wants money b/c her daughter is black and going to be discriminated against, right? But every time I read something about this, I feel like she's being racist toward her daughter or that donor #330 is worse than #380 just b/c he was black.

[pixy0stix]

IIRC the thread where this was discussed previously we all agreed that we felt for her, but the reasons *why* she was seeking damages just came off racist. She needed to adjust her case.

[IIOY]

Sept 8, 2015 11:43:51 GMT -5 pixy0stix said:

IIRC the thread where this was discussed previously we all agreed that we felt for her, but the reasons *why* she was seeking damages just came off racist. She needed to adjust her case.

I didn't read the initial thread, but I read a different article about this earlier today and this was essentially my reaction.  I give absolutely no pass to a company that impregnates a woman with sperm other than what she thinks she is getting, but damn if her claims for damages didn't read like some racist bullshit.  

I do try to give leeway to language used in Complaints, because what passes for boilerplate in Legal LaLa Land frequently reads as heartless and terrible in any other context.  However, her claims (as presented in the article I read) struck me as really stretching that to an absurd degree.

[autumnfire]

Sept 8, 2015 11:43:51 GMT -5 pixy0stix said:

IIRC the thread where this was discussed previously we all agreed that we felt for her, but the reasons *why* she was seeking damages just came off racist. She needed to adjust her case.

This is where I'm at. I feel for her but feel the reasons come off as racist.

[twotrue]

I blame everyone here. How was her donor number not seared into her brain? Why did the RE's office not have her check the donor # over and over again as is the usual practice? It's been 3 years since I last saw a vial of sperm but that donor # of ours and the image of the vial is crystal clear in my mind.

I'd be pissed if we got the wrong junk, because we took a lot of time and care into choosing a donor we felt would somehow represent my wife, her traits, and her family. If this woman's claim stated that she and her partner really wanted to include her partner's ethnic heritage in their child and thus they choose some special snowflake donor with the exact make up of her wife but didn't get that, it would read a whole hell of a lot better than "we now face hardship because we have to go to a black hair salon outside of our red-neck white neighborhood."

[ttt]

I really feel like the sperm bank ought to settle with her. Her reasons may sound like crap, but they screwed up big time and their screw up affects people's lives. They need to give her a big chunk of money, IMO.

[aurora]

Sept 8, 2015 12:43:19 GMT -5 ttt said:

I really feel like the sperm bank ought to settle with her. Her reasons may sound like crap, but they screwed up big time and their screw up affects people's lives. They need to give her a big chunk of money, IMO.

Honestly, I'm surprised they didn't want to settle if all she asked for is $50k.

[bears]

Sept 8, 2015 18:33:04 GMT -5 aurora said:

Sept 8, 2015 12:43:19 GMT -5 ttt said:

I really feel like the sperm bank ought to settle with her. Her reasons may sound like crap, but they screwed up big time and their screw up affects people's lives. They need to give her a big chunk of money, IMO.

Honestly, I'm surprised they didn't want to settle if all she asked for is $50k.

They also only refunded her part of the cost, which I found surprising.

[aurora]

Sept 8, 2015 18:40:35 GMT -5 bears said:

Sept 8, 2015 18:33:04 GMT -5 aurora said:

Honestly, I'm surprised they didn't want to settle if all she asked for is $50k.

They also only refunded her part of the cost, which I found surprising.

Oh, I missed that.

Seems penny wise, pound foolish.

[Michelle]

one would think it would be hard to be a bigoted lesbian. Sigh.

[gpw]

Sept 8, 2015 18:33:04 GMT -5 aurora said:

Sept 8, 2015 12:43:19 GMT -5 ttt said:

I really feel like the sperm bank ought to settle with her. Her reasons may sound like crap, but they screwed up big time and their screw up affects people's lives. They need to give her a big chunk of money, IMO.

Honestly, I'm surprised they didn't want to settle if all she asked for is $50k.

It said "at least."  It makes me want to look and see what the amount of controversy for circuit vs. district court is in their state.  I imagine it's $50k.  

ETA:  Since the amount in controversy has to be at least $75,00 in federal court (lawyers please correct me if I'm wrong), they're probably asking for greater than $50,000 but less than $75,001.  

[oscarnerdjulief]

Their error was large and one for which there is no remedy except for the financial. The settlement should be in the hundreds of thousands regardless of the quality of their arguments.

When you don't have the chance of having a child of you and your partner, you want any type of control that you can have because you've already given up so much that others take for granted. I know that DH and I may have been judged for some of the choices that we made. We certainly "discriminated," i.e. made choices that made sense for us.

That company should be lucky to pay a mere 50k for an error of this magnitude. I feel fairly strongly about this.