Tuesday, December 1, 2009

Sperm Banks Can Be Sued Under Product Liability Laws

In April, 2009, a New York Federal judge ruled that sperm banks can be sued under product liability laws for failing to detect a sperm donor's genetic defect. The case clears the way for a 13 year-old retarded girl from PA. to sue New York-based IDANT[1] for using sperm with a mutation known as “Fragile X”[2] which caused her to be born mentally retarded.

So, if human sperm is officially a product, what does that make the child born via donor insemination? In the future, will parents be able to return their children to the cryo bank if the child fails to meet their specifications, like, if the child’s not blonde enough or not proficient enough with the violin? When is that going to start happening?

In the absence of any significant federal or state regulation of the Cryo banking industry the threat of product liability lawsuit is a very good thing. But, consider this: this isn’t exactly like a consumer being sold a faulty product, who is injured and then seeks a claim; this is the faulty product itself suing the company that made it (in this case, a her). I don’t think this has happened before. Ever. Imagine a single Toyota Prius suing Toyota for assembling its breaks incorrectly!

[1] Owned by the DAXOR CORPORATION. You’ve really got to see their website: http://www.idant.com/ All it needs is some ‘80s David Cronenberg-esque analogue synthesizer and they're all set. No but seriously. Who would buy human semen from a company called IDANT who proudly proclaims: owned by the DAXOR CORPORATION? Also, DAXOR agents are now hunting me.

[2] No, I’m not making this up.

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