An Ohio woman's lawsuit alleging a Downers Grove sperm bank error that led to the birth of her biracial daughter has been thrown out of court.
A DuPage County judge Thursday dismissed the lawsuit against Midwest Sperm Bank, saying the woman's wrongful birth claim and breach of warranty were not viable claims under state law. The suit, originally filed last November in Cook County, was refiled in DuPage County in March.
Judge Ronald Sutter then gave attorneys for Jennifer Cramblett of Uniontown, Ohio, 14 days to refile the lawsuit as a negligence claim.
Thomas Intili, a Dayton, Ohio attorney representing Cramblett said they agreed that a negligence claim was more appropriate and would move forward.
"The wrongful birth claim and the breach of warranty claim were determined to be not consistent with Illinois Law so we will submit our amended complaint, which we expect the court will then consider," Intili said outside of court Thursday. "We are considering additional claims as well."
According to the original 11-page filing, Cramblett was impregnated through artificial insemination in December 2011. It wasn't until Cramblett, who is white, was five months pregnant that she learned she was accidentally impregnated with the sperm of a black man.
Cramblett learned of the mix-up when she called to reserve additional vials from the same donor so her partner, Amanda Zinkon, 30, also could become pregnant.
The original lawsuit alleges that the mistake was a result of handwritten records, rather than electronic records that would have made the error easier to catch.
Cramblett and Zinkon selected donor No. 380 after reviewing the man's 23-page profile in August 2011, but were instead given sperm from donor No. 330, according to the lawsuit.
The mistake was discovered in April 2012 when Cramblett called the facility to order several more vials from donor No. 380 and was told she was impregnated by donor No. 330.
Cramblett received a letter from the clinic the following month apologizing for the mix-up and a check, reimbursing her for the additional incorrect vials she received in September 2011, according to the suit.
Attorney Robert Summers, who represented the sperm bank Thursday, was not immediately available to comment on the ruling.
The case is due back in court Dec. 17.