In the first decision of its kind, a federal judge has ruled that a sperm bank may be sued under product liability laws for failing to detect that a sperm donor had a genetic defect. The ruling clears the way for a 13-year-old mentally retarded girl from Pennsylvania to sue a New York sperm bank under the theory that the sperm used to conceive her had a defect known as "Fragile X," a mutation known to cause a syndrome of maladies that include mental retardation and behavioral disorders.
Sperm Banks Can Be Sued Under Product Liability Laws, Federal Judge Rules
The Legal Intelligencer
April 2, 2009