DOWNERS GROVE – A lawsuit filed against a Downers Grove sperm bank over wrongful insemination was dismissed Sept. 3, according to the attorney for the defendant Robert H. Summers Jr.
The case was dismissed by DuPage County Circuit Court Judge Ronald Sutter citing that the allegations didn't meet the legal threshold. The court, however, gave the plaintiff permission to refile with new allegations that are not breach of warranty or wrongful birth, Summers said.
Jennifer Cramblett of Uniontown, Ohio, filed the suit in September 2014 against Midwest Sperm Bank. According to the lawsuit, Cramblett was inseminated with samples from a black donor instead of from the white donor she and her partner originally chose.
Cramblett learned of the mistake in April 2012 when she tried to order more vials from Donor 380, only to be told she had received vials from Donor 330. Midwest Sperm Bank refunded money from one purchase, but not from a previous visit, according to the suit.
According to the suit, Cramblett and her partner love their daughter, who was born in August 2012, but the error has caused hardship for them.
Cramblett said in the suit that she was raised in an all-white family and community and has racist family members. She described the town she lives in as "racially intolerant."
She was requesting a jury trial and damages in excess of $50,000.
Cramblett's next court date is scheduled for Dec. 17.