In Donovan v. Idant Laboratories, the Third Circuit of the U.S. Circuit Court of Appeals held that genetic defects in sperm from a sperm bank cannot form the basis for a products liability suit. Suit was brought by a mother and daughter where the daughter had “Fragile X syndrome,” a mutation which causes a number of problems, including mental retardation and behavioral disorders. The Third Circuit held that to allow such a claim would lead to recognition of “wrongful life” claims. The Federal District court’s initial ruling below held that the sale of sperm constitutes sale of a product.
C. Megan Oltman
