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Do they Have A Case Or Are They Just Being Unreasonable? - Family - Nairaland

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Do they Have A Case Or Are They Just Being Unreasonable? by kunleajayi: 4:37pm On Sep 09, 2015
[b]I don't know if anyone heard this story (for those who live here in the US), but I think this lady and her "partner" are just milking a system which is flawed none the least. Trust Americans anyway to sue for everything possible under the sun.

What's my rant about? I was listening to a morning show on my way to work today and they presenters brought up a case that happened in Chicago, Illinois. As the whole world knows, same sex marriage has been legalized in the US (another story for another day), so some years ago a lady and her "partner" (another lady) went into a fertility clinic for them to have a baby. They mentioned they had been trying hard to have a healthy baby but all the fertility attempts they've been having in the past were either miscarried or they had to terminate the pregnancy.

Happily for both ladies, the baby stayed and nine months later, they were delivered of a beautiful baby girl. The "problem" for them? The baby turned out to be half-case i.e. the egg of one of the partners was mistakenly fertilized by the semen sample of a black man and planted into the other partner. Apparently the fertility clinic staff mistakenly fertilized the egg with the wrong sample.

The two ladies blew fire and brimstone, and the clinic apologized for their mistake and refunded their money. Now, two years down the line, with a very beautiful 2-year old daughter, one of the partners (apparently the one who's egg was used in the procedure) decided they both sue the fertility clinic for emotional distress. They are demanding three million dollars. Yet they still want to keep their daughter.

Do you think they have a case? Or are they being greedy and unreasonable?[/b]
Re: Do they Have A Case Or Are They Just Being Unreasonable? by Cutehector(m): 4:39pm On Sep 09, 2015
No dey does not have a case cheesy
Re: Do they Have A Case Or Are They Just Being Unreasonable? by kunleajayi: 4:41pm On Sep 09, 2015
Cutehector:
No dey does not have a case cheesy

Typo dude. angry
Re: Do they Have A Case Or Are They Just Being Unreasonable? by agarawu23(m): 4:45pm On Sep 09, 2015
Nothing to discuss here angry
Re: Do they Have A Case Or Are They Just Being Unreasonable? by southernbelle(f): 4:45pm On Sep 09, 2015
no, they do not have a case
and yes, they are being greedy and unreasonable

my opinion cool

1 Like

Re: Do they Have A Case Or Are They Just Being Unreasonable? by raumdeuter: 4:47pm On Sep 09, 2015
Awoof money is what they want
Re: Do they Have A Case Or Are They Just Being Unreasonable? by thorpido(m): 4:47pm On Sep 09, 2015
Mistakes were made,so they do have a right to sue.
America is just a funny society.
Re: Do they Have A Case Or Are They Just Being Unreasonable? by MRBrownJ: 4:51pm On Sep 09, 2015
they have a case because people have preferences and do choose the ethnic background etc of the donor.... so if someone went to a fertiity clinic, paid handsomely and wanted a white baby (to each their own) and instead got a black baby, then they have the right to demand compensation.

and since the baby is HERS (its her egg, right?) then giving back their own child is out of the question

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Re: Do they Have A Case Or Are They Just Being Unreasonable? by Omotayor123(f): 4:54pm On Sep 09, 2015
Make them continue.... undecided
They see pikin dem still dey show..
Re: Do they Have A Case Or Are They Just Being Unreasonable? by Omotayor123(f): 4:54pm On Sep 09, 2015
Make them continue.... undecided
They see pikin dem still dey show..
Re: Do they Have A Case Or Are They Just Being Unreasonable? by kunleajayi: 4:58pm On Sep 09, 2015
MRBrownJ:
they have a case because people have preferences and do choose the ethnic background etc of the donor.... so if someone went to a fertiity clinic, paid handsomely and wanted a white baby (to each their own) and instead got a black baby, then they have the right to demand compensation.

and since the baby is HERS (its her egg, right?) then giving back their own child is out of the question

Agreed, but they were refunded their money. Why, two years down the line, should they want to sue for "emotional distress" and still keep the kid? If they had been emotionally distressed why wait for two years? they should have rejected the baby immediately they all realized the mistake. They still kept the baby and now want to sue? Give me a break.
Re: Do they Have A Case Or Are They Just Being Unreasonable? by ValerianSteel(m): 5:01pm On Sep 09, 2015
They does not have a case grin

In as much as they have the child and they love and care for the child already they should keep quiet.

On the other hand,such negligence by the clinic shouldn't go like that.Such mistakes are not allowed.
Re: Do they Have A Case Or Are They Just Being Unreasonable? by Cutehector(m): 5:02pm On Sep 09, 2015
kunleajayi:


Typo dude. angry
typo as well cheesy
Re: Do they Have A Case Or Are They Just Being Unreasonable? by MRBrownJ: 5:10pm On Sep 09, 2015
kunleajayi:


Agreed, but they were refunded their money. Why, two years down the line, should they want to sue for "emotional distress" and still keep the kid? If they had been emotionally distressed why wait for two years? they should have rejected the baby immediately they all realized the mistake. They still kept the baby and now want to sue? Give me a break.

maybe it took them 2 yrs to realize how RACIST their country is, and therefore, how much a mixed race child (and its parents) are suffering. if that person knowingly had sex with a black man then she cant blame anyone but herself for that mixed race child, but the clinic did a big mistake here (if the ladies specifically asked for a white child). the refund is just the tip of the iceberg here1

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Re: Do they Have A Case Or Are They Just Being Unreasonable? by MRBrownJ: 5:13pm On Sep 09, 2015
ValerianSteel:
They does not have a case grin

In as much as they have the child and they love and care for the child already they should keep quiet.

On the other hand,such negligence by the clinic shouldn't go like that.Such mistakes are not allowed.

i'd say "gross negligence at the expense of these women" thus understanding that they sued the clinic.
Re: Do they Have A Case Or Are They Just Being Unreasonable? by blackmann(m): 5:15pm On Sep 09, 2015
I don't blame them. I blame the system. America today is a country where common sense is sometimes thrown out the window and money takes it's place. There are so many money hungry ambulance-chasing lawyers who want to make a case out of every tiny issue here. A woman went to a drive thru McDonald's a few years ago and ordered a VERY hot cup of coffee. Common sense will tell you to place the pipping hot beverage somewhere safely but instead she placed it directly holding it between her thighs, and as such the beverage spilled over her and gave her third degree burns. Along came a lawyer who convinced her to sue McDonald's, stating that the beverage was too hot and that they should have warned her it could cause serious burns if it pours on her body. Which sane human being doesn't know the dangers of a very hot beverage on the skin? Funny enough, she won the case. That's where I said common sense goes out of the window in favor of money hungry individuals.

Another one i read about was of a high-school kid who entered a construction site with his friends and along the line, he got seriously injured. The parents wanted to sue the construction company for leaving dangerous equipment around the site. Of course they lost.

Another one was of a lady who drove the wrong way on a highway and ended up colliding with another vehicle head on, killing herself, three out of the four little kids in the car with her, and the three occupants of the other car. It was later discovered in her autopsy that she had high levels of weed and alcohol in her system, thereby impairing her. Yet the husband wanted to sue the state for not making the roads safe and for not posting one way signs on the highway. He also wanted to sue his brother-in-law because he was the owner of the car they all died in.

Such is the level of thinking of many individuals here. The system has so made it possible to sue for everything sue able.

2 Likes

Re: Do they Have A Case Or Are They Just Being Unreasonable? by Yustash001(m): 5:16pm On Sep 09, 2015
Re: Do they Have A Case Or Are They Just Being Unreasonable? by freecocoa(f): 5:36pm On Sep 09, 2015
They have a case in my opinion, if the clinic can find a way to dissolve the baby giving back the woman her egg and taking back the fluid of the black man, then case dismissed but if not, they have to pay up.

I wish both parties best of luck.grin

1 Like

Re: Do they Have A Case Or Are They Just Being Unreasonable? by Ewuro4: 5:37pm On Sep 09, 2015
According to Mr Kunleajayi and I quote: " The very beautiful 2yr old daughter" ... Beauty is in the eyes of the beholder, sir. maybe they're white supremacist, or just mere racist as a result of their Emotional distress claim, we don't know. All that matters was, they were unhappy customers and have every right to sue the fertility company for the senseless error on their part.

They definitely have a case.
Re: Do they Have A Case Or Are They Just Being Unreasonable? by freecocoa(f): 5:46pm On Sep 09, 2015
kunleajayi:


Agreed, but they were refunded their money. Why, two years down the line, should they want to sue for "emotional distress" and still keep the kid? If they had been emotionally distressed why wait for two years? they should have rejected the baby immediately they all realized the mistake. They still kept the baby and now want to sue? Give me a break.
If it took 2 years to experience emotional trauma from the clinic's mistake, whose fault is that? Ofcourse they want to keep the kid, the egg is theirs, had the clinic stuck the right fluid where it ought to be, there wouldn't be an issue, so the clinic has to pay for their gross negligence.

1 Like

Re: Do they Have A Case Or Are They Just Being Unreasonable? by kunleajayi: 5:48pm On Sep 09, 2015
Ewuro4:
According to Mr Kunleajayi and I quote: " The very beautiful 2yr old daughter" ... Beauty is in the eyes of the beholder, sir. maybe they're white supremacist, or just mere racist as a result of their Emotional distress claim, we don't know. All that matters was, they were unhappy customers and have every right to sue the fertility company for the senseless error on their part.

They definitely have a case.

So why did they accept the child when they knew the grave mistake that was made by the clinic? They were refunded their money, and i know IVF ain't cheap, and still took the kid. If they were "white supremacists", they will NEVER, and I repeat, NEVER take the kid, knowing she was part black. Hell, the kid may not have even lived to this age. I feel they are just being greedy and trying to take advantage of a faulted system where certain people get away one way or the other with such a sad situation.
Re: Do they Have A Case Or Are They Just Being Unreasonable? by kunleajayi: 5:52pm On Sep 09, 2015
freecocoa:
If it took 2 years to experience emotional trauma from the clinic's mistake, whose fault is that? Ofcourse they want to keep the kid, the egg is theirs, had the clinic stuck the right fluid where it ought to be, there wouldn't be an issue, so the clinic has to pay for their gross negligence.

Is admitting their mistake and refunding their money not compensation enough? They still got to keep a healthy kid, something they had been trying to do for a long time. I'm not in support of the clinic for their gross mistake, but don't you think they are just being greedy and trying to take advantage of an unfortunate situation? Trying to make money out of it? My main bones about it is they want to do this TWO YEARS down the line. Didn't they realize the emotional distress when they first got the kid?
Re: Do they Have A Case Or Are They Just Being Unreasonable? by raumdeuter: 6:00pm On Sep 09, 2015
Kunleajayi

Let me ask if you go to a dentist or optician to make your teeth or eyes better and they made a mistake giving you what you dont want, e.g ruining your dentition or eyesight from what you have

After you saw the mirror, they apologized and refunded your money back Would that be enough?

ok you now walked out after like 6months or 2 yrs everyone is now making fun of you, Your new dentition or eyesight is now making feel some psychological trauma

Can you sue the Dentist? Would you need to return your jaw or your eyeballs before you can sue? By your logic, Keeping your eyes and suing means you are greedy

I'm sure the hospital have Malpractice insurance, Let the insurance company who have been making money all these years too pay it out

Some mistakes are beyond just refunding the money and saying sorry

1 Like

Re: Do they Have A Case Or Are They Just Being Unreasonable? by freecocoa(f): 6:03pm On Sep 09, 2015
kunleajayi:


Is admitting their mistake and refunding their money not compensation enough? They still got to keep a healthy kid, something they had been trying to do for a long time. I'm not in support of the clinic for their gross mistake, but don't you think they are just being greedy and trying to take advantage of an unfortunate situation? Trying to make money out of it?
We know money is part of the driving factor for sure but then you have to take into consideration what the couple wanted, they wanted a white baby for reasons best know to them, a white baby is what they should've gotten, no two ways about it.

They cannot deny the mistake in the first place so how does admitting it count? They refunded the money paid for the services because they didn't render the needed service.

The women maybe greedy alright but you just have to understand that some mistakes can cost you a lot, therefore you have to get it right or live with the consequences.
Re: Do they Have A Case Or Are They Just Being Unreasonable? by raumdeuter: 6:04pm On Sep 09, 2015
kunleajayi:


Is admitting their mistake and refunding their money not compensation enough? They still got to keep a healthy kid, something they had been trying to do for a long time. I'm not in support of the clinic for their gross mistake, but don't you think they are just being greedy and trying to take advantage of an unfortunate situation? Trying to make money out of it? My main bones about it is they want to do this TWO YEARS down the line. Didn't they realize the emotional distress when they first got the kid?

When they took the baby, probably they thought they could get over the difference but later they found out they couldnt. So the time is perfectly Okay
Re: Do they Have A Case Or Are They Just Being Unreasonable? by kunleajayi: 6:10pm On Sep 09, 2015
raumdeuter:
Kunleajayi

Let me ask if you go to a dentist or optician to make your teeth or eyes better and they made a mistake giving you what you dont want, e.g ruining your dentition or eyesight from what you have

After you saw the mirror, they apologized and refunded your money back Would that be enough?

ok you now walked out after like 6months or 2 yrs everyone is now making fun of you, Your new dentition or eyesight is now making feel some psychological trauma

Can you sue the Dentist? Would you need to return your jaw or your eyeballs before you can sue? By your logic, Keeping your eyes and suing means you are greedy

I'm sure the hospital have Malpractice insurance, Let the insurance company who have been making money all these years too pay it out

Dude (or lady, whichever one applies), I will not wait 2 years before I act. Infact I wouldn't even leave his office if I realize the error. It won't take me 2 years before I decide on what to do. Even if it were my kid and I found out that he/she was half black, I would sue right away, not TWO years down the line. They would have been seeing the baby everyday and know she's half black. And definitely there wouldn't have been any form of making fun of by anyone. Whites arent as thick-skinned as blacks. What I feel happened was some hungry lawyer heard about it and saw the chance of making money by telling the couple to sue the clinic.
Re: Do they Have A Case Or Are They Just Being Unreasonable? by SAMBARRY: 6:20pm On Sep 09, 2015
MRBrownJ:
they have a case because people have preferences and do choose the ethnic background etc of the donor.... so if someone went to a fertiity clinic, paid handsomely and wanted a white baby (to each their own) and instead got a black baby, then they have the right to demand compensation.

and since the baby is HERS (its her egg, right?) then giving back their own child is out of the question
shebi they've apologised and refunded their money to them na.nobody is above mistake. The hospital management have admitted their fault and apologised.yorubas say after sorry na disgrace remain.

Those lesbian couples are just looking for inordinate attention.
Re: Do they Have A Case Or Are They Just Being Unreasonable? by raumdeuter: 6:21pm On Sep 09, 2015
kunleajayi:


Dude (or lady, whichever one applies), I will not wait 2 years before I act. Infact I wouldn't even leave his office if I realize the error. It won't take me 2 years before I decide on what to do. Even if it were my kid and I found out that he/she was half black, I would sue right away, not TWO years down the line. They would have been seeing the baby everyday and know she's half black. And definitely there wouldn't have been any form of making fun of by anyone. Whites arent as thick-skinned as blacks. What I feel happened was some hungry lawyer heard about it and saw the chance of making money by telling the couple to sue the clinic.

Its possible they thought it wont be a big deal and they can cope with any issue it brings, 2 yrs down the line they realized its beyond what they could handle and decided to sue.

In another scenario, they could have grown to like the baby and decide to never sue, but in a case they dont like the outcome even after 2yrs of trying to like it then what happens?

E.g a woman goes for breast surgery or a guy for dicck surgery, they gave him/her the wrong size, though displeased with the result, but feels, I might be able to pull it off and the difference wont be significant. (Which wont be a strange decision) 2 yrs down the line they get dumped by multiple partners for the wrong size. Are you saying they cant come back to retroactively sue?

You might react immediately, others might wait for a while to see how it turns out before suing.

1 Like

Re: Do they Have A Case Or Are They Just Being Unreasonable? by kunleajayi: 6:29pm On Sep 09, 2015
raumdeuter:


Its possible they thought it wont be a big deal and they can cope with any issue it brings, 2 yrs down the line they realized its beyond what they could handle and decided to sue.

In another scenario, they could have grown to like the baby and decide to never sue, but in a case they dont like the outcome even after 2yrs of trying to like it then what happens?

E.g a woman goes for breast surgery or a guy for dicck surgery, they gave him/her the wrong size, though displeased with the result, but feels, I might be able to pull it off and the difference wont be significant. (Which wont be a strange decision) 2 yrs down the line they get dumped by multiple partners for the wrong size. Are you saying they cant come back to retroactively sue?

You might react immediately, others might wait for a while to see how it turns out before suing.

So let's say they win the case and get their three million dollars. Does that change the race of the kid? Will she still not be half black? Or does it suddenly make everything okay? "Oh, people still make fun of us that our kid is half black, but it's okay now, we have three million!!! No more emotional distress!!!"

I just feel it's greed. They just want to make money out of it, as the system allows it.
Re: Do they Have A Case Or Are They Just Being Unreasonable? by Nobody: 6:34pm On Sep 09, 2015
Greedy.
Re: Do they Have A Case Or Are They Just Being Unreasonable? by Nobody: 6:40pm On Sep 09, 2015
freecocoa:
If it took 2 years to experience emotional trauma from the clinic's mistake, whose fault is that? Ofcourse they want to keep the kid, the egg is theirs, had the clinic stuck the right fluid where it ought to be, there wouldn't be an issue, so the clinic has to pay for their gross negligence.

What emotional trauma?

Why is it emotional trauma?

When you expect a child, you have to hope for the best and expect the worst, a sick child even that is, so be prepared. A mixed child is definitely not a reason to feel traumatized. If they do feel traumatized because of that, then they need a check-up, from the neck-up.
Re: Do they Have A Case Or Are They Just Being Unreasonable? by raumdeuter: 6:44pm On Sep 09, 2015
kunleajayi:


So let's say they win the case and get their three million dollars. Does that change the race of the kid? Will she still not be half black? Or does it suddenly make everything okay? "Oh, people still make fun of us that our kid is half black, but it's okay now, we have three million!!! No more emotional distress!!!"

I just feel it's greed. They just want to make money out of it, as the system allows it.

If someone gets their teeth or eye damaged by the dentist/optician and sue, Does it restore their teeth/eyes back?

If someone loses a relative to an accident or doctors negligence and sue, Does the money restore the dead person back?

A woman got her baby stolen at an hospital and sued, Did the money restore back the baby?

I am sure the people would prefer you give them their initial wish and the money is a compensation for not failing to meet your own side of the bargain

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