A DuPage County judge, on Sept. 3, dismissed an Ohio woman's lawsuit against a Downer's Grove fertility clinic for an error that ultimately led to the birth of a biracial daughter, Daily Herald reported.
Judge Ronald Sutter ruled that Jennifer Cramblett, who is lesbian, could not sue Midwest Sperm Bank for wrongful birth and breach of warranty, and gave Cramblett's attorneys 14 days to refile the suit as a negligence claim.
Cramblett, of Uniontown, Ohio, engaged Midwest Sperm Bank in 2011 to provide sperm so that she and her partner, Amanda Zinkon, could have a baby. But, thanks to a seeming clerical error, the couple was sent the sperm of an African American man, resulting in a daughter of mixed race. Cramblett and Zinkon had selected a Caucasian donor.
Cramblett contended that, while she and Zinkon loved their daughter, Uniontown made for an uncomfortable environment in which to raise a biracial child. In October, 2014, her attorney told Windy City Times that she was suing the clinic for damages in order to finance a move to a more accepting community.
Cramblett originally filed her lawsuit in Cook County, but it was refiled in DuPage County in March.
"The wrongful-birth claim and the breach of warranty claim were determined to be not consistent with Illinois Law so we will submit our amended complaint, which we expect the court will then consider," Thomas Intili, a Dayton, Ohio, attorney representing Cramblett, told Daily Herald. "We are considering additional claims as well."
Daily Herald's story is at bit.ly/1JTyWWx. Windy City Times' story on the original suit is at bit.ly/1M02CIo .