Lesbian sues over ethnicity of donation..

[fredtoast]

(09-16-2015, 05:24 PM)bfine32 Wrote: I wonder how she would feel if her parents tried to sue her for pain, stress, and suffering associated with raising a homosexual child (not going to say rearing)?

Being gay is not the same as being negligent.

False equivalence.  Your logic fails.

Now if the parents wanted to sue their god for giving them a gay daughter, that would be a logically correct argument.

[*bfine32*]

(09-17-2015, 02:35 PM)fredtoast Wrote: Being gay is not the same as being negligent.

False equivalence.  Your logic fails.

Now if the parents wanted to sue their god for giving them a gay daughter, that would be a logically correct argument.

Where the hell did anybody mention negligence?

The logic does not fail, regardless if you say so. The equivalent is that both children would feel a burden to her parents because she is different.

[fredtoast]

(09-17-2015, 02:59 PM)bfine32 Wrote: Where the hell did anybody mention negligence?

So you think the sperm bank intentionally gave this woman sperm from a black donor?

And did you happen to notice that the mother in this case is not suing her daughter for being black?

[*bfine32*]

(09-17-2015, 10:22 AM)Benton Wrote: First part, how would I know what you imagine?

Second part, not sure why the question mark. You're all over the place. Wanting to sue parents for rearing gay children, implying that they have suffered distress because of having a gay child. I'm not familiar with the part where anyone is suing a parent.

Because in post #48 you said it makes some folks imagine this.

Who said anything about suing parents? I queried how a child would feel because their parents suffer and experience pain from raising them because they are different. 

No doubt one of us is talking in circles.

[*bfine32*]

(09-17-2015, 03:04 PM)fredtoast Wrote: So you think the sperm bank intentionally gave this woman sperm from a black donor?

And did you happen to notice that the mother in this case is not suing her daughter for being black?

As I said, this point makes sense if she simply sued for a refund of the service, but she sued for pain, suffering, and stress because she has to raise a child that is different.

Luckily, unlike some here, the Judge saw this for what is was and threw it out of court. 

[fredtoast]

(09-17-2015, 03:07 PM)bfine32 Wrote: As I said, this point makes sense if she simply sued for a refund of the service, but she sued for pain, suffering, and stress because she has to raise a child that is different.

Luckily, unlike some here, the Judge saw this for what is was and threw it out of court. 

If you were the victim of medical malpractice that left you paralyzed woulod you be satisfied just to get a refund for what you paid the doctor?

And you have no idea what the judge said.  

Attorneys for the sperm bank had argued that “wrongful birth” suits typically apply to cases where the child is born with a birth defect that doctors should have warned parents about; in this case, the child was healthy. Cramblett had also sought damages for a “breach of warranty.” The judge rejected both claims, but said that Cramblett could refile the suit as a “negligence claim.”

[*bfine32*]

(09-17-2015, 03:11 PM)fredtoast Wrote: If you were the victim of medical malpractice that left you paralyzed woulod you be satisfied just to get a refund for what you paid the doctor?

And you have no idea what the judge said.  

I agree with your analysis that the parents are trying to compare this child to a handicap. I just think it is a screwed up point of view. 

They are entitled to a refund of services provided. But when this person starts demanding compensation for raising HER child because in her eyes the child is different then we see a new level of hypocrisy. 

I know the Judge dismissed the claim.  Are you suggesting otherwise?

[Rotobeast]

(09-17-2015, 03:11 PM)fredtoast Wrote: If you were the victim of medical malpractice that left you paralyzed woulod you be satisfied just to get a refund for what you paid the doctor?

And you have no idea what the judge said.  

Attorneys for the sperm bank had argued that “wrongful birth” suits typically apply to cases where the child is born with a birth defect that doctors should have warned parents about; in this case, the child was healthy. Cramblett had also sought damages for a “breach of warranty.” The judge rejected both claims, but said that Cramblett could refile the suit as a “negligence claim.”

Except she has not experienced anything near being paralyzed.
To make a surgery analogy would be making one to the effect of if she had an ACL replacement and found out the donor of the cadaver ACL was black.
The ACL would work the same as a white one, just the same as the child will be the individual they nurture it to be.

I just don't see the "suffering".
I suppose she could sue for funds to hire a black nanny, if she feels so challenged.
That just might elevate her in her social circles, after suffering the embarrassment of having a black child.

[*Nately120*]

On the one hand I see this as a bit of an overreaction. On the other hand I think a woman being impregnated with a black man's sperm when she wanted it to belong to a white guy could probably be the subject of a horror movie if the woman were a white conservative.

[fredtoast]

(09-17-2015, 03:17 PM)bfine32 Wrote: I know the Judge dismissed the claim.  Are you suggesting otherwise?

No.  I am suggesting that you have no idea WHY he dismissed the claim.

[*bfine32*]

(09-17-2015, 03:35 PM)fredtoast Wrote: No.  I am suggesting that you have no idea WHY he dismissed the claim.

A wild guess would be he found the claims to be without merit.

You pretty much listed why his dismissed it. He (unlike your analogy) didn't view the child as a handicap or to be handicapped. 

[SteelCitySouth]

(09-17-2015, 03:17 PM)bfine32 Wrote: I agree with your analysis that the parents are trying to compare this child to a handicap. I just think it is a screwed up point of view. 

They are entitled to a refund of services provided. But when this person starts demanding compensation for raising HER child because in her eyes the child is different then we see a new level of hypocrisy. 

I know the Judge dismissed the claim.  Are you suggesting otherwise?

Yeah, I'm not sure why they would be owed more than what they paid for the service which was without question performed improperly.  I could even see a judge imposing some punitive damages as a way of punishing the company.  I don't get publicly announcing that you feel you child is a burden, much like I was saddened when Bristol publicly announced her child was a disappointment.  Both children will grow up and eventually see these things.  

[StLucieBengal]

(09-17-2015, 02:21 PM)oncemoreuntothejimbreech Wrote: Who do you believe is giving away their baby?

That was a general comment.

[StLucieBengal]

(09-17-2015, 03:32 PM)Nately120 Wrote: On the one hand I see this as a bit of an overreaction.  On the other hand I think a woman being impregnated with a black man's sperm when she wanted it to belong to a white guy could probably be the subject of a horror movie if the woman were a white conservative.

Or a negative Eugenist.