The sperm bank's attorneys say she missed the April deadline and asked for the dismissal with prejudice, meaning it could not be refiled in DuPage. They said the law limits liability to instances involving negligence and willful misconduct in cases where a terminal disease was contracted. The couple's daughter, Payton, was born in August The sperm bank's motion to dismiss is not expected to be argued until later this summer. But the bank, in an order error, sent a different sample that had been contributed by an African-American. However, Cramblett's attorneys filed a suit in federal court in Chicago in April, so she will continue to seek damages there.
The Canton-area resident ordered sperm from the bank in
Judge dismisses lawsuit over Downers Grove sperm bank mistake
Cramblett, who is white, said in her lawsuit that raising a biracial daughter in rural Ohio has been difficult because of racial attitudes and her own "limited cultural competency," and she is seeking damages for costs she has incurred for counseling and for relocation to a more diverse area. The child is described in the lawsuit as "a beautiful, obviously mixed race, baby girl" whom her parents "love very much. Clifford Ward Chicago Tribune. The sperm bank's attorneys say she missed the April deadline and asked for the dismissal with prejudice, meaning it could not be refiled in DuPage. In the federal suit, Cramblett says the error at the sperm bank — she ordered vial No.