Couple Sues Fertility Clinic Alleging Wrong Sperm was Used to Inseminate Wife

Couple Sues Fertility Clinic Alleging Wrong Sperm was Used to Inseminate Wife

(Link): Couple sues fertility clinic alleging wrong sperm was used to inseminate wife

Feb 22, 2023
By Katie Kindelan

A Texas couple has filed a lawsuit against a fertility clinic and associated laboratories alleging their two kids are not their full biological children because allegedly, the wrong sperm was used during the in-vitro fertilization process.

Camille and Derrick Bryan claim in a lawsuit filed Feb. 8 in a district court in Texas that they learned through DNA tests last August that Derrick Bryan is not the biological father of their young son and daughter, who are both under the age of 7.

The Bryans’ attorney, Tommy Hastings, told ABC News the couple decided to test their children’s DNA last year after a pediatrician noticed a type of birthmark on their son’s back known as a dermal melanocytosis.

The birthmarks, formerly known as Mongolian blue spots, are most common “among people of Asian, Native American, Hispanic, East Indian, and African descent,” according to the National Institutes of Health.

“The pediatrician made an offhand comment about, ‘Oh, which of you have Asian heritage?,’ and [Camille] said, ‘Neither of us,'” said Hastings, founder of the Hastings Law Firm, adding, “So that’s what got the curiosity piqued.”

Hastings said Bryans initially sought a DNA test for their son, using both of their DNA.

“It came back 99.99% that [Camille Bryan] is the mom and 0% that [Derrick Bryan] is the dad,” said Hastings, adding that Bryans subsequently undertook a DNA test for their daughter, which also returned a 0% paternal result for Derrick Bryan.

The Bryans’ lawsuit names a Fort Worth-based fertility clinic and one of its doctors and four IVF-focused laboratories associated with them, alleging the defendants “recklessly, negligently, or intentionally mishandled the sperm and allowed an unknown donor to be used to fertilize Camille’s eggs.”

….The lawsuit states it was “either impossible or exceedingly difficult” for the Bryans to know before the DNA tests they took last year that Derrick Bryan’s “sperm was not used in the fertilization process.”

The Bryans are requesting a trial by jury and seeking monetary damages of over $1 million, according to the lawsuit.

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