TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Monday, January 24, 2022

Heled, Lytton & Vertinsky on Sperm Bank Liability

Yaniv Heled, Tim Lytton & Liza Vertinksy have posted to SSRN A Wrong Without a Remedy:  Leaving Parents and Children with a Hollow Victory in Lawsuits against Unscrupulous Sperm Banks.  The abstract provides:

For over five years, parents of children conceived with sperm purchased from the Atlanta-based sperm bank Xytex have sued the company for debilitating genetic conditions allegedly originating from the sperm. These lawsuits rely on a wide range of different legal theories, including fraud, negligent misrepresentation, breach of warranty, professional negligence, product liability, unfair trade practices, unjust enrichment, and battery. Until recently, state and federal courts in Georgia dismissed these claims as tantamount to claims for wrongful birth, a cause of action rejected by the Supreme Court of Georgia in 1990. The Supreme Court of Georgia recently distinguished several of the plaintiffs’ theories of recovery from wrongful birth, finally enabling pending claims against Xytex to proceed to discovery. However, this may prove to be a hollow victory because the recovery available under viable claims against Xytex is likely to be insufficient to finance plaintiffs’ litigation efforts. The Supreme Court of Georgia has, for practical purposes, left the victims of unscrupulous sperm banks without a remedy.

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