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Making a product liability claim for the quality of the sperm that helped give life to you may sound like a peculiar idea. However, in the US a 13-year-old girl has enlisted the representation of no win, no fee lawyers to do precisely this.
Born with a genetic condition called Fragile X Syndrome, the claimant has severe learning difficulties.
The defendant in the action is Idant Laboratories, a sperm bank, which is being charged with manufacturing defects, an accusation more typical to cases involving foodstuffs and electrical goods.
The lawyer representing the case says that "it doesn't matter how much care was taken" in providing the girl's mother with the sperm; the fact remains that she inherited the condition from her biological father: the sperm donor."
Court documents reveal that "plaintiffs have asserted claims for (1) negligence, (2) breach of contract, (3) third-party beneficiary breach of contract, (4) breach of the express warranty of merchantability, (5) breach of implied warranty of merchantability, (6) third-party beneficiary breach of express and implied warranties of merchantability, (7) negligent misrepresentation, (8) strict products liability and (9) negligent infliction of emotional distress based on defendant's failure to test donor G738's semen for Fragile X before sending it to plaintiff Donna Donovan in 1995 when testing became possible in 1992."
Organisations such as the Donor Sibling Registry have expressed concern that the product liability claim "could open the floodgates" for similar types of litigation.
No win, no fee lawyers for 100 percent product liability compensation
If you or a person close to you has suffered injury as a result of a defective or faulty product, it is possible to contact our knowledgeable advisors to discover if it may be in your interests to pursue a civil claim for 100 percent compensation.
Whether you are considering a claim for a pharmaceutical product, a contaminated foodstuff or some other form of consumer product, our Solicitors Regulation Authority no win, no fee specialists are able to offer you their services on a basis that is free of all possible charges.
Win or lose, we ensure that our product liability claim clients are protected from liability for all possible costs, fees and disbursements, including those incurred by the defendant.
We never take any cuts: every penny awarded goes directly to the claimant.
To find out more about how we can help you secure the damages you deserve, echat, complete an online claim form or call us, on 0800 10 757 95.
