10-05-2014, 11:22 AM
^ I haven't seen anybody here disagree that the sperm bank made a significant error and should be held legally accountable, or that $50k is unreasonable. I think Cramblett will and should be successful in that pursuit. Heck, she could probably get that much or more if she set up a GoFundMe donations page.
I question the wrongful birth claim, however, and do not believe she will or should be successful there based on what's been published in the media and the interview I watched with her. In her lawsuit, she states anxiety and fear as harm caused to her as a result of Payton's birth. But, her explanations revolve around that harm stemming from her her peers', her family's, and the the community's intolerance when she was growing up lesbian. That intolerance and its effects was not created by the sperm bank. And Payton, by all accounts, is not abnormal or defective as "wrongful birth" requires.
Anyway, I personally wouldn't have thought less of the couple if rather than claim wrongful birth, they'd chosen to have an abortion once they found out the error -- given their high level of fear and anxiety for a mixed race child. But, I recognize how devastating that would have been as well. I believe Stinton was in mid second trimester at the time of the discovery.
Shouldn't have happened -- no doubt. But, it did. Interesting case from both social and legal perspectives.
I question the wrongful birth claim, however, and do not believe she will or should be successful there based on what's been published in the media and the interview I watched with her. In her lawsuit, she states anxiety and fear as harm caused to her as a result of Payton's birth. But, her explanations revolve around that harm stemming from her her peers', her family's, and the the community's intolerance when she was growing up lesbian. That intolerance and its effects was not created by the sperm bank. And Payton, by all accounts, is not abnormal or defective as "wrongful birth" requires.
Anyway, I personally wouldn't have thought less of the couple if rather than claim wrongful birth, they'd chosen to have an abortion once they found out the error -- given their high level of fear and anxiety for a mixed race child. But, I recognize how devastating that would have been as well. I believe Stinton was in mid second trimester at the time of the discovery.
Shouldn't have happened -- no doubt. But, it did. Interesting case from both social and legal perspectives.