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Dan |
http://www.whiotv.com/family/11329231/detail.html
NEW YORK -- After they saw a baby girl they had gone to a fertility
clinic to conceive, her parents became convinced something was wrong,
according to court papers.
The girl's skin was darker than either parent's, a judge wrote in
allowing the parents to proceed with a lawsuit that claims the clinic
botched the insemination of the wife's eggs. The ruling was made public
Wednesday.
"While we love Baby Jessica as our own, we are reminded of this terrible
mistake each and every time we look at her; it is simply impossible to
ignore," state Supreme Court Justice Sheila Abdus-Salaam's decision
quoted parents Thomas and Nancy Andrews as saying.
"We are conscious of and distressed by this mistake each and every time
we appear in public," the judge quoted the Andrewses' affidavit as saying.
The couple, of Commack, N.Y., sued New York Medical Services for
Reproductive Medicine, accusing the Manhattan clinic of medical
malpractice and other offenses.
The Andrewses' court papers say that on the advice of Dr. Martin Keltz,
the couple agreed to in vitro fertilization of the eggs with Thomas
Andrews' sperm so they could have a child who was biologically their
own. However, their court papers say, the clinic was negligent and used
another man's sperm.
Three DNA tests -- a home kit and two professional laboratory tests --
confirmed that Thomas Andrews was not the baby's father, the judge
quoted the couple as saying.
The judge said the Andrewses complain that they have been forced to
raise a child who is "not even the same race, nationality, color ... as
they are."
The mother was born in the Dominican Republic "and has a complexion,
skin coloration and facial characteristics typical of that region,"
while the father is Caucasian, the judge quoted the Andrewses' papers as
saying.
Nancy Andrews asked Keltz about the "abnormality" of the child's
complexion, the judge said, and the physician told her the condition was
normal, that the in vitro fertilization was done properly and that the
child would "get lighter over time." Jessica was born Oct. 19, 2004.
The lawsuit, which seeks unspecified damages, came to light Wednesday
after the judge issued a decision that allows the Andrewses to proceed
with parts of the suit while dismissing other parts.
The judge dismissed the lawsuit against Keltz, who had advised the
procedure and had performed the embryo implantation.
She allowed the case to proceed against Dr. Reginald Puckett as owner of
the clinic but threw out the case against him as an individual. Puckett
has already been found liable for the alleged blunder.
In trying to have the lawsuit against Puckett personally and as clinic
owner dismissed, his lawyer, Martin B. Adams, told the court that
Puckett "did not examine, communicate with, care for or treat plaintiffs."
The judge found Carlo Acosta, the non-physician embryologist who
processed the egg and sperm for creation of an embryo, liable for the
alleged blunder. She said his response to the Andrewses' claims "could
not be weaker -- it is nonexistent."
The Andrewses' lawyer, Howard J. Stern, did not return a telephone call
for comment.
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glencar |
I saw a photo of the family & the girl looks so happy but the parents look depressed. This family lives locally. Very sad. |
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gimmekeef |
Banks huh??..always rippin us off...now the sperm banks are even doin it! |
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Dan |
quote: glencar wrote:
I saw a photo of the family & the girl looks so happy but the parents look depressed. This family lives locally. Very sad.
Breeders can be funny sometimes! |
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Saint Sway |
quote: glencar wrote:
I saw a photo of the family & the girl looks so happy but the parents look depressed. This family lives locally. Very sad.
its almost time for you to get "Truck'ed Up"!!
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fireontheplatter |
what a fucking epic if you ask me
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pdog |
I would put my sperm inside many women... |
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fireontheplatter |
quote: pdog wrote:
I would put my sperm inside many women...
oh behave yourself.
repent |
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pdog |
I love lamp. |
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