Sperm bank donor allegedly schizophrenic

Angela Collins and Margaret Elizabeth Hanson thought they were opting for a highly educated man with an “impressive health history” when they selected a donor from a U.S.based sperm bank to start their family.

It was only years after the birth of their son that the Port Hope, Ont., couple learned they had not been told their donor was a schizophrenic college dropout with a criminal record, they allege in a lawsuit filed in a Georgia court last week.

The couple are now seeking damages for pain, suffering and financial losses as it alleges Xytex Corp. engaged in fraud, misrepresentation, negligence and battery, among other claims.

When reached for comment on Monday, Ms. Collins said she wasn’t ready to speak publicly about the suit, but her lawyer said the legal action is an important one.

“The case is significant because I believe both fertility clinics and the sperm banks and everyone associated with the industry requires accountability and regulation,” San Francisco-based lawyer Nancy Hersh told The Canadian Press.

The Canadian couple are not the only ones affected by the situation, the lawyer added. The lawsuit states the donor appears to have fathered 36 children, and Ms. Hersh said she has at least 15 other clients who may be joining the litigation.

None of the allegations contained in the statement of claim has been proven in court.

In June 2014, everything the couple knew about their sperm donor changed when they received a series of emails from Xytex in error with the name of the donor — James Christian Aggeles.

“Plaintiffs and others very quickly discovered for the first time that defendants representations had been false,” the statement of claim says. “Among other things, defendant [Mr.] Aggeles was schizophrenic, which is genetic and hereditary, thereby risking all of said defendant’s donor offspring.”

No medical negligence or medical malpractice has been alleged. The lawsuit is seeking a trial by jury.