Lawsuit Claims Sperm Bank Responsible for 13-Year-Old's Genetic Disease

Can a sperm bank be sued for selling sperm that causes a child to be born with a genetic disease? Yes, a federal judge has ruled.

The case was brought on behalf of a 13-year-old girl with fragile X syndrome, a common inherited form of mental retardation. While the judge dismissed several claims, he allowed others to move forward; the WSJ’s Law Blog hashes out the legal details.

One interesting legal/medical issue is the way state laws differ — the law in New York, where the sperm bank is located, state law provides companies that traffic in human tissue and the like less protection than a similar law in Pennsylvania, where the girl was conceived.

A case report on the girl was published last year in the American Journal of Genetics Part A.

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