<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	xmlns:georss="http://www.georss.org/georss"
	xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#"
	
	>
<channel>
	<title>
	Comments on: One Big Happy Family	</title>
	<atom:link href="https://www.overlawyered.com/2007/03/one-big-happy-family/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2007/03/one-big-happy-family/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Tue, 27 Mar 2007 04:19:41 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	
	<item>
		<title>
		By: Dana		</title>
		<link>https://www.overlawyered.com/2007/03/one-big-happy-family/comment-page-1/#comment-13849</link>

		<dc:creator><![CDATA[Dana]]></dc:creator>
		<pubDate>Tue, 27 Mar 2007 04:19:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/index.php/2007/03/one-big-happy-family/#comment-13849</guid>

					<description><![CDATA[Wow! In my mind this is clearly a violation of the family&#039;s biological line. I can&#039;t believe a judge would say that a child is not an injury-normally a child would not be but a child that is a result of a mix-up at a clinic  and is not biologically the father&#039;s.  I can&#039;t imagine having a baby that I think is going to be my husband&#039;s and finding out that it is not his. They are forced to deal with this for the rest of their lives.  I hope the clinic gets put out of business.
]]></description>
			<content:encoded><![CDATA[<p>Wow! In my mind this is clearly a violation of the family&#8217;s biological line. I can&#8217;t believe a judge would say that a child is not an injury-normally a child would not be but a child that is a result of a mix-up at a clinic  and is not biologically the father&#8217;s.  I can&#8217;t imagine having a baby that I think is going to be my husband&#8217;s and finding out that it is not his. They are forced to deal with this for the rest of their lives.  I hope the clinic gets put out of business.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Deoxy		</title>
		<link>https://www.overlawyered.com/2007/03/one-big-happy-family/comment-page-1/#comment-13848</link>

		<dc:creator><![CDATA[Deoxy]]></dc:creator>
		<pubDate>Mon, 26 Mar 2007 15:10:53 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/index.php/2007/03/one-big-happy-family/#comment-13848</guid>

					<description><![CDATA[&quot;That&#039;s some nasty speculation. Raising a bi-racial child is more than just the parents&#039; reaction--its others&#039; reactions too.&quot;

And yet, as you yourself pointed out (&quot;it&#039;s others&#039; reactions, too.&quot;), it&#039;s spot on.  &quot;mixed race&quot; people get it the worst, because racists from eithr side (and there are plenty on ALL sides) hate them.

Considering the way genetics work (and not having seen a picture), it&#039;s quit possibl that is it theirs - genetic testing is in order, and in fact, if it were to come back postive (they are the parents), then they have been loudly slandering the clinic.

Also, there is the possibility listed above (the mother&#039;s mistake, not the clinic).

It does seem MOST likely (and by a good margin) that the clinic screwed up, though.  If so, damages should indeed be assesed, but the parents are acting like total [expletives].

And I THINK that &quot;sperm donor&quot; fathers hav been addressed in law and have no rights... wouldn&#039;t stop a lawsuit, though.
]]></description>
			<content:encoded><![CDATA[<p>&#8220;That&#8217;s some nasty speculation. Raising a bi-racial child is more than just the parents&#8217; reaction&#8211;its others&#8217; reactions too.&#8221;</p>
<p>And yet, as you yourself pointed out (&#8220;it&#8217;s others&#8217; reactions, too.&#8221;), it&#8217;s spot on.  &#8220;mixed race&#8221; people get it the worst, because racists from eithr side (and there are plenty on ALL sides) hate them.</p>
<p>Considering the way genetics work (and not having seen a picture), it&#8217;s quit possibl that is it theirs &#8211; genetic testing is in order, and in fact, if it were to come back postive (they are the parents), then they have been loudly slandering the clinic.</p>
<p>Also, there is the possibility listed above (the mother&#8217;s mistake, not the clinic).</p>
<p>It does seem MOST likely (and by a good margin) that the clinic screwed up, though.  If so, damages should indeed be assesed, but the parents are acting like total [expletives].</p>
<p>And I THINK that &#8220;sperm donor&#8221; fathers hav been addressed in law and have no rights&#8230; wouldn&#8217;t stop a lawsuit, though.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Frank		</title>
		<link>https://www.overlawyered.com/2007/03/one-big-happy-family/comment-page-1/#comment-13847</link>

		<dc:creator><![CDATA[Frank]]></dc:creator>
		<pubDate>Mon, 26 Mar 2007 11:22:52 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/index.php/2007/03/one-big-happy-family/#comment-13847</guid>

					<description><![CDATA[Word to the mother:  Grow a pair.  Withdraw &quot;everything&quot; but the malpractice against the lab.

Word to the father:  Be a man, do the right thing.  Love the child unconditionally, immediately, and don&#039;t let the thought of it&#039;s paternity ever affect any of your decisions.  You&#039;re married.  It&#039;s your wife&#039;s child.  Deal or divorce.

If any of the above conditions cannot be met, please put the child up for adoption so it at least stands a chance of having a good life.

Frank
]]></description>
			<content:encoded><![CDATA[<p>Word to the mother:  Grow a pair.  Withdraw &#8220;everything&#8221; but the malpractice against the lab.</p>
<p>Word to the father:  Be a man, do the right thing.  Love the child unconditionally, immediately, and don&#8217;t let the thought of it&#8217;s paternity ever affect any of your decisions.  You&#8217;re married.  It&#8217;s your wife&#8217;s child.  Deal or divorce.</p>
<p>If any of the above conditions cannot be met, please put the child up for adoption so it at least stands a chance of having a good life.</p>
<p>Frank</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Ted		</title>
		<link>https://www.overlawyered.com/2007/03/one-big-happy-family/comment-page-1/#comment-13846</link>

		<dc:creator><![CDATA[Ted]]></dc:creator>
		<pubDate>Sun, 25 Mar 2007 01:13:52 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/index.php/2007/03/one-big-happy-family/#comment-13846</guid>

					<description><![CDATA[Some good &lt;a href=&quot;http://www.kevinmd.com/blog/2007/03/fertility-clinic-uses-wrong-sperm.html#comments&quot; rel=&quot;nofollow&quot;&gt;comments at Kevin MD&lt;/a&gt;.  This one had a different perspective:&lt;blockquote&gt;&lt;i&gt;&quot;I can&#039;t believe that so many people will line up to criticise this family. They have a legitimate grievance and a huge one! If I paid a clinic to provide invitro fertilisation services of my sperm and my wife&#039;s egg, and ended up a public [cuckold] by raising not just another man&#039;s child but a child that is obviously so as it is of another race, I would have a HUGE problem with that and so would the vast majority of reasonable, compassionate and non-racist people.

It is not a problem easily solved by dropping the kid off at an orphanage or adoption agency. Mom carried it for 9 months and it is her biological child. Dad bonded to it while in utero before he knew that he had paid to get cuckolded and even if he didn&#039;t, can&#039;t ignore his wife&#039;s feelings. Yet he can&#039;t just decide to ignore the obvious fact that their famliy, including the child, will be dealing with this for generations. Also, note that mixed race children are very very hard for adoption agencies to place. That says something about the extra social burden this child will face. The lawsuit will not let on to her that her conception is a mistake--that will soon be obvious to her regardless. No matter how much they love this child and work to do right by her, they have been seriously wronged.

It does not matter if anyone else thinks that they ought to be just as happy with a healthy child who is not their own. That is not what they set out to do or paid for, and that is not a normal risk of the procedure. Res ipsa loquitur. The only question is the amount of the damages.&quot;&lt;/i&gt;&lt;/blockquote&gt;
]]></description>
			<content:encoded><![CDATA[<p>Some good <a href="http://www.kevinmd.com/blog/2007/03/fertility-clinic-uses-wrong-sperm.html#comments" rel="nofollow">comments at Kevin MD</a>.  This one had a different perspective:</p>
<blockquote><p><i>&#8220;I can&#8217;t believe that so many people will line up to criticise this family. They have a legitimate grievance and a huge one! If I paid a clinic to provide invitro fertilisation services of my sperm and my wife&#8217;s egg, and ended up a public [cuckold] by raising not just another man&#8217;s child but a child that is obviously so as it is of another race, I would have a HUGE problem with that and so would the vast majority of reasonable, compassionate and non-racist people.</p>
<p>It is not a problem easily solved by dropping the kid off at an orphanage or adoption agency. Mom carried it for 9 months and it is her biological child. Dad bonded to it while in utero before he knew that he had paid to get cuckolded and even if he didn&#8217;t, can&#8217;t ignore his wife&#8217;s feelings. Yet he can&#8217;t just decide to ignore the obvious fact that their famliy, including the child, will be dealing with this for generations. Also, note that mixed race children are very very hard for adoption agencies to place. That says something about the extra social burden this child will face. The lawsuit will not let on to her that her conception is a mistake&#8211;that will soon be obvious to her regardless. No matter how much they love this child and work to do right by her, they have been seriously wronged.</p>
<p>It does not matter if anyone else thinks that they ought to be just as happy with a healthy child who is not their own. That is not what they set out to do or paid for, and that is not a normal risk of the procedure. Res ipsa loquitur. The only question is the amount of the damages.&#8221;</i></p></blockquote>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Kat		</title>
		<link>https://www.overlawyered.com/2007/03/one-big-happy-family/comment-page-1/#comment-13845</link>

		<dc:creator><![CDATA[Kat]]></dc:creator>
		<pubDate>Fri, 23 Mar 2007 19:04:38 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/index.php/2007/03/one-big-happy-family/#comment-13845</guid>

					<description><![CDATA[Seems to me that this is a lesson in why set penalties or fines can be a better response to some types of misconduct.  That would put the emphasis on the error.  Having a process whereby parents get more money the more they can establish that the existence makes them miserable seems to encourage activities that go against the very heart of what most of us consider the parent/child relationship.
]]></description>
			<content:encoded><![CDATA[<p>Seems to me that this is a lesson in why set penalties or fines can be a better response to some types of misconduct.  That would put the emphasis on the error.  Having a process whereby parents get more money the more they can establish that the existence makes them miserable seems to encourage activities that go against the very heart of what most of us consider the parent/child relationship.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Christopher Taylor		</title>
		<link>https://www.overlawyered.com/2007/03/one-big-happy-family/comment-page-1/#comment-13844</link>

		<dc:creator><![CDATA[Christopher Taylor]]></dc:creator>
		<pubDate>Fri, 23 Mar 2007 18:43:37 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/index.php/2007/03/one-big-happy-family/#comment-13844</guid>

					<description><![CDATA[Mommy isn&#039;t exactly white, she&#039;s Dominican which means in her genetic code there&#039;s several tags that could have theoretically resulted in a much darker baby.  This makes me wonder why they reacted so, and like Dr Caskey, if they&#039;d have minded if the baby was whiter.

And like Nevins, I wonder about this baby&#039;s origins.  Was it a mistake at the fertility clinic?  Maybe it was, and maybe it was mommy&#039;s mistake and this is a way of covering it up while profiting?  Maybe I&#039;m too cynical.
]]></description>
			<content:encoded><![CDATA[<p>Mommy isn&#8217;t exactly white, she&#8217;s Dominican which means in her genetic code there&#8217;s several tags that could have theoretically resulted in a much darker baby.  This makes me wonder why they reacted so, and like Dr Caskey, if they&#8217;d have minded if the baby was whiter.</p>
<p>And like Nevins, I wonder about this baby&#8217;s origins.  Was it a mistake at the fertility clinic?  Maybe it was, and maybe it was mommy&#8217;s mistake and this is a way of covering it up while profiting?  Maybe I&#8217;m too cynical.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: spo		</title>
		<link>https://www.overlawyered.com/2007/03/one-big-happy-family/comment-page-1/#comment-13843</link>

		<dc:creator><![CDATA[spo]]></dc:creator>
		<pubDate>Fri, 23 Mar 2007 18:37:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/index.php/2007/03/one-big-happy-family/#comment-13843</guid>

					<description><![CDATA[David Caskey:

That&#039;s some nasty speculation.  Raising a bi-racial child is more than just the parents&#039; reaction--its others&#039; reactions too.

Let&#039;s not forget who the victims are here.  And no, offering the kid up for an adoption is a silly argument as well.
]]></description>
			<content:encoded><![CDATA[<p>David Caskey:</p>
<p>That&#8217;s some nasty speculation.  Raising a bi-racial child is more than just the parents&#8217; reaction&#8211;its others&#8217; reactions too.</p>
<p>Let&#8217;s not forget who the victims are here.  And no, offering the kid up for an adoption is a silly argument as well.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: David Caskey,MD		</title>
		<link>https://www.overlawyered.com/2007/03/one-big-happy-family/comment-page-1/#comment-13842</link>

		<dc:creator><![CDATA[David Caskey,MD]]></dc:creator>
		<pubDate>Fri, 23 Mar 2007 16:50:42 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/index.php/2007/03/one-big-happy-family/#comment-13842</guid>

					<description><![CDATA[I wonder how much of their distress is directed to the fact the child is black. Would they have been less distressed if the child were white?? I would think that racism is alive and well in the North rather than in the South were we usually get the blame.
]]></description>
			<content:encoded><![CDATA[<p>I wonder how much of their distress is directed to the fact the child is black. Would they have been less distressed if the child were white?? I would think that racism is alive and well in the North rather than in the South were we usually get the blame.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Ryan Frank		</title>
		<link>https://www.overlawyered.com/2007/03/one-big-happy-family/comment-page-1/#comment-13841</link>

		<dc:creator><![CDATA[Ryan Frank]]></dc:creator>
		<pubDate>Fri, 23 Mar 2007 15:24:40 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/index.php/2007/03/one-big-happy-family/#comment-13841</guid>

					<description><![CDATA[Hrmm, my 2 cents.

The clinic made a mistake that never should be made.

These &#039;parents&#039; suck. I hope to God the kid never reads this stuff when they grow up.
]]></description>
			<content:encoded><![CDATA[<p>Hrmm, my 2 cents.</p>
<p>The clinic made a mistake that never should be made.</p>
<p>These &#8216;parents&#8217; suck. I hope to God the kid never reads this stuff when they grow up.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Yoda		</title>
		<link>https://www.overlawyered.com/2007/03/one-big-happy-family/comment-page-1/#comment-13840</link>

		<dc:creator><![CDATA[Yoda]]></dc:creator>
		<pubDate>Fri, 23 Mar 2007 14:38:11 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/index.php/2007/03/one-big-happy-family/#comment-13840</guid>

					<description><![CDATA[I have no problems with the lawsuit, but like Rachel, in the way that the parents and their legal representation have constructed their case.

What they do not seem to realize is that at one point this child will eventually find out and then what?

I guess from the example of  the child&#039;s parents, she&#039;ll sue.

FWIW:  I would love to hear the judge ask &quot;despite the obvious mistake, why have you not given up the child for adoption, since you claim that the child&#039;s very existance causes you harm and emotional distress to such a great degree.&quot;  Sometimes you have to get past the legal posturing by calling it for what it is.

I&#039;d go after this on the technical merits of the case, that&#039;s more than enough to do without looking too abominable
]]></description>
			<content:encoded><![CDATA[<p>I have no problems with the lawsuit, but like Rachel, in the way that the parents and their legal representation have constructed their case.</p>
<p>What they do not seem to realize is that at one point this child will eventually find out and then what?</p>
<p>I guess from the example of  the child&#8217;s parents, she&#8217;ll sue.</p>
<p>FWIW:  I would love to hear the judge ask &#8220;despite the obvious mistake, why have you not given up the child for adoption, since you claim that the child&#8217;s very existance causes you harm and emotional distress to such a great degree.&#8221;  Sometimes you have to get past the legal posturing by calling it for what it is.</p>
<p>I&#8217;d go after this on the technical merits of the case, that&#8217;s more than enough to do without looking too abominable</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>
