A Fulton County judge who last year tossed out a suit claiming a sperm bank had misled clients about the psychiatric, educational and criminal background of a sperm donor has dismissed the bulk of a similar suit filed this year, writing as he did before that the assertions of product liability, fraud, breach of warranty and other claims were all essentially claims for “wrongful birth”—a tort not recognized under Georgia law.
In a Dec. 15 order, Superior Court Judge Robert McBurney dismissed 10 of the 11 claims against Xytex Corp. over allegations that a donor touted as a Ph.D. in neuroscience with a 160 IQ was in fact a college dropout with a felony record and diagnosis of schizophrenia. The only surviving claim is a nondamages “specific performance” claim demanding that Xytex provide information about the donor—information that Xytex has argued the plaintiffs allege they already have.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
