Judge: Pennsylvania Girl Can Sue Sperm Bank over ‘Fragile X’

April 6, 2009

A federal judge in Philadelphia has upheld a product-liability lawsuit over claims that bad sperm from a sperm bank caused a child’s mental retardation.

A Philadelphia woman says the New York City sperm bank assured her its sperm was screened for genetic defects. The woman charges that the sperm she bought from Idant Laboratories in 1995 carried the “Fragile X” mutation. The defect causes mental retardation and other serious health problems.

A federal judge in Philadelphia ruled this week that the mother’s claims were filed too late. But claims on behalf of the 13-year-old girl can proceed under Pennsylvania law that lets minors sue for alleged injuries through age 20.

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