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A Long Island couple is suing a Manhattan fertility clinic for using the wrong sperm during in-vitro fertilization. Nancy and Thomas Andrews were having trouble conceiving a second child, so they went to the New York Medical Services for Reproductive Medicine to have Nancy's eggs fertilized with Thomas's sperm. But when baby Jessica was born in 2004 to the couple, they suspected something was wrong. From the Daily News:
Thomas Andrews is white and his wife is Dominican. But Jessica, who was born Oct. 19, 2004, has darker skin than either of them as well as "characteristics more typical of African or African-American descent," the lawsuit states.When they inquired about Jessica's skin color, couple's doctor, Dr. Martin Keltz, who had advised them about in-vitro fertilization, allegedly told them that the procedure was done correctly and that Jessica would "get lighter over time."The couple tested their daughter's DNA using a home kit and later with two more sophisticated methods. All three of the tests confirmed their suspicions - the tot has a different father.
The couple's lawsuit also states, "While we love Baby Jessica as our own, we are reminded of this terrible mistake each and every time we look at her. It is simply impossible to ignore." Yes, Thomas Andrews definitely looks like the odd man out in this family photograph (from the News), but we must say this: Baby Jessica is really, really adorable. The couple also says, "We fear that our daughter will be the object of scorn and ridicule by other children, both in school and as she grows up." The couple is also worried Jessica's biological father will try to claim her.
State Supreme Court Justice Sheila Abdus-Salaam is allowing the lawsuit against the clinic (and its owner, Dr. Reginald Puckett) to go forward. And Carlo Acosta, a "non-physician embryologist who processed the egg and sperm for creation of an embryo," is also liable. However, she did dismiss the case against Keltz, as well as claims that the couple suffered mental distress.
A few weeks ago, a lesbian couple sued a Murray Hill fertility bank for losing six of their embryos.
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LOLz
I wonder if the father's sperm was used for another couple - he could have a toddler somewhere in the area that he doesn't know about.
this happened on Desperate Housewives
Their child is going to feel great about herself when she hears about this later on!
Why couldn't they just point out that the DNA tests proved the clinic used the wrong sperm, and leave it at that? Why bring "skin color" into it?
Oh, right, because Caribbean societies are even more color-conscious than our own!
and because well, it's not 100% their kid, and that was the most obvious sign?
The little girl "will get lighter over time?" Did this doctor get his MD from a Cracker Jack box??
'Dr. Martin Keltz . . . told them that the procedure was done correctly and that Jessica would "get lighter over time."'
Huh?? You really have to wonder what other stories Dr. Keltz told his other patients--and how often they've believed him.
Infertile people should stay infertile- God is trying to send you a message. If adoption is good enough for Brad Pitt, its good enough for these infertile morons.
Dear fiddle245,
Die.
Yours truly,
Everyone.
Hmm...with the same logic, people with birth defects shouldn't get prosthetic limbs because "God is trying to send them a message".
Maybe God isn't trying to send a message, but nature certainly is. Nature's telling you your material is fucked up. It's pretty selfish to pass that defective material on to another generation who will likely continue to have the same problems you do.
There's some astronomical number of children in the world that need loving parents and don't have any. Lab fertilization is the grossest abuse of people's emotions and insecurities other than plastic surgery.
Dear fiddle245,
Die.
Yours truly,
Everyone.
don't speak for everyone jerk.
In vitro is a massive waste of medical resources largely reserved for the well to do. It often results in destroying embryos which, while I am pro-choice, is rather disgusting. Create a life and then kill it? Great. And for the moronic parents that end up with quintuplets because they wouldn't abort one or more fetuses often can't afford the kids. And sometimes the kids are underdeveloped, physically and mentally. Sorry you're in special ed, kid. Mom and Dad just had to have their own biological kid.
and smitty that is a very weak comparison, you're an idiot. of course you give the person a prosthetic. don't be an ass.
yup, cracker jack U!!
(not 100% this is the right dr. keltz, but it seems highly likely)
Martin D. Keltz, M.D., Division Director
Dr. Martin Keltz joined the faculty of St. Luke's-Roosevelt Hospital Center in his present position in 1995. A graduate of Harvard College in Cambridge, Massachusetts, Dr. Keltz obtained his M.D. degree from New York University. He completed a residency in obstetrics and gynecology at New York University/Bellevue Hospital and trained in reproductive endocrinology at Yale University. Dr. Keltz is board certified in reproductive endocrinology. His research interests include assisted reproductive technology; chlamydial salpingitis; sonohysterography for diagnosis of recurrent pregnancy loss, fibroids, and prescreening for IVF; and endoscopy for chronic pelvic pain.
I'm totally pro-adoption/fostering kids, but just a quick note that many medical conditions that impact a woman's fertility (like endometriosis) aren't genetic and wouldn't be passed likely be passed down to another generation.
sorry, I have a headache, that should have been "wouldn't likely be passed down".
Please, if that kid had just been a bit fairer, the parents would have had no problem with the fact that she had another baby daddy. This is some more color struck self hating Latino bullshit. She cant deal with the fact that she's a dark skinned Dominican-work it out in therapy, don't make this child's life a living hell.
And why did they go through all the hell of in-vitro *again* when they *already* had a child. If they were having so much difficulty getting pregnant, they should be thankful for the one child that they did have-a lot of people never get that. This just smacks of self entitled selfishness-I feel so sorry for that girl.
Parents in general in this area are so annoying and high maintenance.
"Infertile people should stay infertile- God is trying to send you a message. If adoption is good enough for Brad Pitt, its good enough for these infertile morons."
It's unfortunate that your parents weren't infertile, asshole. Please don't pontificate on something you absolutely don't understand. It's not the job of people who struggle to conceive to adopt the poor children of the world.
I might add that adoption is not the cure-all everybody thinks it is. It's very expensive and restrictive.
"Please, if that kid had just been a bit fairer, the parents would have had no problem with the fact that she had another baby daddy."
Er, I doubt that. In-vitro is a painful (huge needle through your vajayjay), expensive ($10,000+) and lengthy (stimulating ovulation, harvesting, etc) process, with a low success rate.
Next time try to include some sort of argument in your argument Eric C.
"It's not the job of people who struggle to conceive to adopt the poor children of the world."
Yeah, but maybe they should try to come to terms with it instead of putting their bodies and hearts through so much strain.
And read what the parents say-this is all about the skin color of the child and I am sure that it's the mother's issue. And why did they wait so long to sue-because she didnt get lighter like they promised?
I think they sued a while ago, it just became approved by the judge and public. they also did three rounds o' DNA testing.
"While we love Baby Jessica as our own, we are reminded of this terrible mistake each and every time we look at her. It is simply impossible to ignore."
What an awful way to go through childhood. Dr. Keltz, I hope your malpractice insurance is up to date.
I'd be pissed too if my kid came out looking like it wanted to eat bananas and scratch it's butt all day long.
to lala:
Fuck you.
AWWWW! She's so cute. Like a little Monchichi.
Where are these fertility clinics getting their black sperm from? Are there that many African americans using the services of these fertility clinics? So many that a mistake may happen?
This isn't the first time, am I correct there were at least one other incident.
I would say look to the clinic workers and see who had a beef with the parents.
I might add that adoption is not the cure-all everybody thinks it is. It's very expensive and restrictive.
Somehow I get the idea that if you can afford to drop the five-figures required to get a test-tube baby, you can probably get approved to adopt a baby.
I also fail to see why people are so obsessed with having children, but that's another thing altogether.
"Yeah, but maybe they should try to come to terms with it instead of putting their bodies and hearts through so much strain."
Do you think they haven't already done that? These procedures are very expensive and very physically painful - nobody in their right mind undertakes them lightly.
Some people will do whatever it takes to have their own biological children. Most of us are lucky enough not to have to confront that decision. I suspect many of the posters are about 23 and have no idea how devastating infertility is.
As for turning this into some racial self-hatred thing - for God's sake, there is nothing morally wrong about being upset that some random dude ended up supplying 1/2 the DNA of your child instead of your husband. These people paid thousands of dollars for a service and the clinic screwed up. She's Dominican, her husband's white, and she bore a child who is clearly at 1/2 black. If you don't think this kid is going to have to explain herself repeatedly throughout her life, you're wrong. If you're a big enough person to think that's just fine, more power to you. I know I'm not.
the kid looks just like her older sister. What really annoys me is the statement from the judge "The couple says that they have been forced to raise a child who is "not even the same race, nationality, color ... as they are," the judge said in the ruling." That kid is the same nationality as the older daughter--American. And the same race/color as the mother--if the mother weren't afraid to acknowledge that she has some African blood in her.
Both the kids are cute
"If you don't think this kid is going to have to explain herself repeatedly throughout her life, you're wrong."
What sucks is that she is obviously going to have to explain herself to her own mother.
And they werent forced to raise her-if it bothered them that much from the get-go, they should have given her up for adoption. I am sure Angelina Jolie would take her. And probably love her more.
To all your morons who think growing babies in test tubes for rich people is a good use of medical / scientific resources while Aids, cancer , starvation, overpopulation, global warming, and stupidity is rampant in the world, go die in a fire.
It's funny that no one mentions the father in all of this. Instead everyone is speculating on whether or not the mother has classist issues based upon skin color. The father is white, and it's quite obvious he's completely out of picture in this genetic operation. I wonder how he feels. This is so complex; I feel for all members of that family.
Regardless of whether you are pro or anti child, lighten up on these people! It was their choice to put themselves through all this, and they basically paid for a very EXPENSIVE "service" that only delivered 50% of what they were promised. And come on - even those of us who chose not to reproduce can admit that this little girl is so cute.
the mother should come to terms and just admit to the affair she had.
I feel really sorry for this little girl and what she has to face in her future as part of this family
.
While I understand their anger over the mistake that the clinic made, and agree that it is valid, it is ENTIRELY possible that that child could have been born darker than the two of them because the mother is DOMINICAN and no matter how many or how often they try to deny it, Dominicans are overwhelmingly of African descent and it is clear looking at this woman that she is. I wouldn't be surprised if she has family members darker and with nappier hair than the little girl.
If this little girl hadn't been just a couple of shades darker than the mother, there would never have been any question raised of their paternity.
It'll be really, really funny if they do find out that the actual sperm donor WASN'T Black, but Latino...or White even. It's entirely possible (and probable because there aren't many sperm donors of color...)
But what I'm offended by is their statement that, because of her skin color, that this little girl will be ridiculed. First of all, she looks almost exactly like her sister, and in many Black and Latino families children can range widely in skin color so no one would even question it. Secondly to imply that she will be ridiculed because her skin is dark is just insulting.
These people are so ignorant it makes my head hurt.
I suspect many of the posters are about 23 and have no idea how devastating infertility is.
Infertility is devastating if you make it devastating. One shouldn't need a child to define themselves.
"Infertility is devastating if you make it devastating. One shouldn't need a child to define themselves."
How very Zen of you to consider being bummed out about not being able to procreate beneath you. Clearly, an urge that the vast majority of people feel is rooted in personal weakness.
We should all take a cue from Tom.
That mother is black. She's so black, if Kramer saw her walking down the street, he'd should out "SHE'S A N*GG*R!!!"
That girl is almost the same color as the mother, and she almost looks like a twin of her sister.
What's really happening is, the "father" feels emasculated everyday, and probably mocked by his co-workers for being a cuckold to his wife.
What the judge should find out is if the baby's father really came from the clinic, and is not the result of a one night stand on the mother's part. I would not be surprised if the father is another dominican she cheated with. Maybe the cuckold "dad" was tied up and masterbated while he watched. Those things are common among white husbands who marry hispanic, asian, or black women.
How very Zen of you to consider being bummed out about not being able to procreate beneath you. Clearly, an urge that the vast majority of people feel is rooted in personal weakness.
I didn't say you can't be bummed out about it, but to the extent that you should go out and pay some parasite who preys on people's emotions tens of thousands of dollars to make a baby for you, I don't get it. There's an "urge to procreate" and there's "obsession with having a child." Obsession is unhealthy, regardless of how you spin it.
We should all take a cue from Tom.
Indeed. The world would be a better place.
I don't think people paying private clinics for in-vitro fertilization is taking away from AIDS research.
Richard Wernick, # 38, is insane.
Dr. Keltz is well-known and respected, and this will surely impact his practice and standing. He would probably be the 1st to admit that IUI/IVF are almost as much art as science, to gain what can often be only a 10 to 20% edge over mother-nature. He made an extremely poor choice in his counsel and words, and as well in affiliating himself with this particular clinic. It is entirely in the Dr.'s purview to determine the controls in place at the facility which he has recommended to this couple. I’d expect Dr. Keltz to take this concern seriously and go to bat for his patients… he’d have had the most influence of all parties with the clinic and had he gone to bat for them would have probably not even been named as defendant in the suit. Is he going to remove this carry-to-term from his national statistics? It will hopefully be a blot in his professional history from which he will learn dearly. He is lucky to be dismissed from this suit, and also that the couple doesn't have a top-shelf lawyer from a plaintiff's firm which would just eaten this case up and spit out the defendants.
Regarding the child, imagine once adult not knowing 50% of her medical history (e.g., is there a history heart disease on either side of your family)… certainly magnify that at least 3x that right now for the parents who are responsible for her health while a child. This has always been a major concern about adoption and by adoptees themselves. It would have been obvious to this child in the course of her own development (unless developmentally impaired) to recognize early on (perhaps as young as 5-6) that she doesn't look at all like mommy and daddy. She will have questions, and it’s clear to me that in fact this probably the only way for this family to get the answers they need… by taking it to court to get to the bottom of things, most certainly because the parties and Risk Management circled the wagons.
Overall, the clinic should be shut down, either by state investigation who will ultimately turn up the failings that led to this (they can't/won't identify the mix-up?) or by market forces as every prospective Dr. or patient refuses to use their services. This is a very expensive process, and allegedly the reason for $$$ is that it's a lot of technical detail work requiring a tremendous amount of expensive controls... which are at their most basic level supposed to prevent this kind of simple screw-up, at higher levels to prevent damage to the embryo and patient. For that clinic this screw-up is certainly negligent, for them to claim they are unable to backtrack through what should painstaking records to determine who the father is and what happened with this couple’s sperm may be fraudulent.
3 years later and they still have no answers about whose sperm they got and who got his?! I hope they take the clinic and its owner Dr. Puckett for all he's got and force him into bankruptcy. I hope Dr. Keltz takes this to heart and learns from it professionally in his practice and his professional behavior. This is a real travesty for the family and the child who has effectively been robbed of 50% of her lineage.
1) Regardless what the mother and father might have suspected, it has been confirmed with DNA tests that this girl - while no less loveable - is not in fact the product of both parents from a biological standpoint. I don't understand why some commenters are arguing that the baby has the same color of the mother. It doesn't fucking matter.
Bottom line: the couple paid for a service and not only were they denied that service, but they have been saddled with an additional burden as a result of incompetence. The burden in this case has nothing to do with the girl herself, but with regard to the psychological ill effects of worrying that the biological father might at any point show up at their door and demand custody/visitation. So yes, they have every right to sue and you bet your ass I'd do the same in their situation.
2) #40 has it exactly right. The disappearance of logical thought in discourse is disappointing.
I'm 24 and found out last week I probably won't be able to have kids. While it's not devastating, it is very upsetting.
I'm thankful I have sisters willing to donate eggs and/or their bodies as surrogates. This process is already daunting enough, I would hate to have to factor in a incompetent Fertility clinicl.
I don't think people paying private clinics for in-vitro fertilization is taking away from AIDS research.
There are thousands of doctors that practive fertility simply because it is lucrative. Those doctors and the plastic surgeons should be forced to do far more pro bono work.
If we ever get socialized medicine there is going to be a revolt the like of which we have never seen in this country. No shock that some of the uber-wealthy have bought up land in far away countries so they can flee when the revolution comes.
The Dominican Republic and Haiti are both located on Hispanola. Haiti is predominantly black. Many, many Dominicans are black skinned. The mother looks part black and looks like she relaxes her hair, i.e. she has kinky hair but has it processed and straightened. The child looks like a Dominican child from a Dominican. The real biological father can now come to claim "his child" as these morons are money hungry idiots advertising their "burden" to the world. If she wants to have white babies she better wait till her next life cause SHE AIN'T WHITE! Both little girls are beautiful and it's just a shame these "parents" can't appreciate the fact that they have 2 healthy children. I agree with other posters that had the child been lighter skinned this would be a non-issue. Greedy bastards!
Why - because you said so? You must have mistaken modern-day capitalist America for WWII era Germany or Cold War era Soviet Union.
Maybe you should be forced to stop posting stupid comments on teh internets and instead spend that time in the Peace Corps.
"This is some more color struck self hating Latino bullshit. She cant deal with the fact that she's a dark skinned Dominican-work it out in therapy, don't make this child's life a living hell."
Word. Girlfriend snagged a white dude and thought life would be a cakewalk. SIKE.
I think that it is highly unlikely that there is that much black sperm floating around in fertility clinics - just waiting to be put in unsuspecting patients. The Mother most likely got that Baby the old fashioned way. The Child is very cute and does not pose a burden, the Parents shouldn't get one red cent.
please leave GOD out of this. if people choose and can afford to have children great! ...God has nothing to do with it get real people.
Frankly I would be horrified if I was this couple. I would have given up the child for adoption if I were them, however, the child is already two years old, and they have bonded with it. People are too sensitive and politically correct. Yes the mother has african ancestry, this does not mean she should feel guilty about not wanting or finding fault with a huge mistake that gave her a baby that is not her husbands.