An unusual wrongful birth claim in Georgia has been denied by the 11th Circuit Court of Appeals. Reuters has the story.
Xytex Corp is an Atlanta-based sperm bank. The Zelts used their services to conceive a baby but got an unpleasant surprise when they discovered who the donor was. Xytex said that their donor was a healthy and highly-educated individual.
When the family dug into his background, they found out he was a convicted felon who dropped out of college and suffered from schizophrenia. Had the Zelts knew this donor’s true background they would have selected another donor, or even another sperm bank due to the false advertising.
For a free legal consultation, call 1-800-222-9529
Unfortunately for the Zelts, their claim to sue Xytex has been denied on a legal technicality. Georgia does not recognize wrongful birth as a reason to sue someone, thus there is no legal basis for them to sue the sperm bank. The 11th Circuit was unanimous in their decision, but they did say that Xytex’s actions were “reckless, reprehensible, and repugnant.”
Birth Injury Lawyer Near Me 1-800-222-9529
Had the case gone through to trial, they would likely have a strong case. Schizophrenia has a hereditary component. While the general chance of developing it is 1%, it goes up to 12% if a parent has it.