Photo courtesy of CBS.
Summary: Parents sue a sperm bank for misleading them to think their chosen donor was a healthy genius, not a schizophrenic felon like he actually was.
Dozens of children were created with “designer” sperm from Donor #i9623, but only after the births did parents learn their babies were fathered by a narcissistic, schizophrenic felon. Now families are suing the sperm bank and its Canadian distributor, The Toronto Star Reports.
In the lawsuit, three Ontario families alleged that Georgia-based sperm clinic Xytex Corporation and its distributor Outreach Health Services marketed a donor as a healthy neuroscience PhD student with a genius IQ. However, after the children were born, they discovered the anonymous donor was Chris Aggeles, a convicted felon who was diagnosed with numerous mental disorders such as schizophrenia and bipolar disorder. According to Tech Times, the families said that the clinic knew about Aggeles’ history and chose not to disclose the truth.
Aggeles was very popular as a donor. Thirty-six children were created using his sperm, but so far, only three families are suing.
The plaintiffs are suing for fraud, negligent representation, “wrongful pregnancy,” and other charges. The plaintiffs are seeking $15.4 million in damages and are represented by James Fireman.
According to The Toronto Star, the plaintiffs are also claiming “battery,” but Xytex lawyer Ted Lavender said that the battery charge would be dismissed because battery “requires a touching.” Lavender also said the case was “baseless.”
And a Georgia judge seemed to agree. Last year, the case’s plaintiffs, Angie Collins and Beth Hanson, filed a similar lawsuit against the sperm bank in Atlanta, Georgia; and it was dismissed by a Fulton County judge who said the case was a “wrongful birth” which is not recognized by the state.
Xytex President Kevin O’Brien defended his company, saying that the couples were informed that all information about the donor came self-reported and was not verified by the clinic. He added that the donor underwent a standard medical exam only.
Aggeles admitted he lied on his forms but that no one at the clinic questioned the validity of his questionnaire. The lawsuit questioned why the clinic would just take Aggeles’ answers at face value and then promote him extensively on their website.
All in all, if sperm banks just pass along self-reported information, then they don’t seem that much better than getting knocked up by some dude at a bar who says he’s a rocket scientist.
Source: The Toronto Star
Source: Tech Times