Brittany Donovan, a 13-year-old girl from Pennsylvania, is suing Idant Laboratories, the sperm bank that provided her mother with the donation that led to her being born. Donovan was born with a genetic condition called X syndrome, which has left her with mental disabilities. Donovan claims that Idant Laboratories provided her mother with defective sperm, leading to her health issues.
Pennsylvania law will not allow Donovan to bring her lawsuit. They have a blood shield law, which prevents sellers of human bodily material from being held responsible for negligence in product liability lawsuits. Since New York does not have a similar law, Donovan is pursuing her case there.
Genetics tests have verified that Donovan received genetic defects from the sperm provided by her biological father. In order for her to win her case, she needs to prove that the sperm her mother received was unsafe and caused injury to her.
This is the first time a sperm bank has ever been sued for product liability. Many other sperm banks are concerned that if she wins her case, it will lead to many other similar lawsuits in the future.
It is important to consult an experienced product liability lawyer if you or a loved one has been injured from a defective product. You may be entitled to receive compensation for your injuries.
If you have a product liability claim in the New York City area, please contact the Law Offices of Trief & Olk today to schedule a consultation.