Many single women and married couples use donated sperm to conceive children each year. Pennsylvania resident Donna Donovan decided to use donated sperm from Idant Laboratories, a New York sperm bank that emphasized that (1) its screening process far exceeded mandated standards and (2) its rigorous screening process ensured that donors had a good genetic history. After using sperm from Idant Laboratories, Donovan gave birth to a girl, Brittany. Donovan began noticing abnormalities in Brittany’s development, and Brittany was soon diagnosed as a Fragile X baby. Fragile X is a genetic mutation that causes a range of mental and physical impairments, such as learning disabilities, mental retardation, and behavior disorders. A genetic test for Fragile X was developed two years before Donovan used the sperm from Idant Laboratories. Two years after Brittany’s birth, genetic tests showed that the sperm from Idant Laboratories was the carrier of the Fragile X defect.
Donovan and Brittany brought suit against Idant Laboratories for selling defective sperm.
1. What do you think the outcome of Donovan’s case was?
2. Should the sale of sperm be considered the sale of a product?
3. How do product liability issues affect you?