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Products Liability
Virginia Medical Malpractice Blog - Williamson & Lavecchia, L.C.
Products Liability
Liability of Sperm Banks
A federal judge in Pennsylvania recently ruled that a 13 year old girl could sue the sperm bank that provided defective sperm to her mother, according to an article in the April 17th issue of Science magazine. The plaintiff was born with Fragile X Syndrome, an inherited condition that causes mental impairment. The judge found that under New York law, strict liability applied to the situation, meaning that the plaintiff did not have to prove negligence to recover for her injuries.
Laws vary by state as to the ability to successfully sue the seller of sperm and other bodily products. In Virginia, a person can recover for injury caused by defective sperm, eggs, bodily fluids, etc. if the defect or impurity could have been detected by science at the time.
If you or someone you know have suffered as a result of negligence by a sperm bank, fertility clinic, or other provider of bodily products such as blood, contact a lawyer at Williamson and Lavecchia for a free consultation.
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Richmond, VA 23230-1652
Phone: (804) 288-1661
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