Consumer Protection / Product liability

Contract claim for defective sperm

A federal court judge in the US has ruled that sperm is a ‘product’ for purposes of US product liability law.  The suit arose out of claims by a mentally handicapped 13yo girl, claiming that she inherited a genetic disease from donor sperm purchased by her mother from a New York sperm bank in 1995.  The ruling now enables the girl to proceed with claims in contract and tort; contractually,the judge held that thee girl may have valid claims for breach of both implied and express warranties provided her lawyer was able to show that she was an ‘intended third-party beneficiary’ of the contract entered into between her mother and the Sperm bank (statute of limitations prevents the mother claiming directly).

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