Houston Chronicle

Man wins lawsuit after clinic gave ex-girlfriend his sperm

- mike.glenn@chron.com twitter.com/mrglenn By Mike Glenn

A Harris County jury on Friday agreed with a Louisiana man who sued a local fertility clinic for allowing an ex-girlfriend to retrieve some of his stored sperm.

“This is a great day. The jury has spoken,” said Cade Bernsen, who represente­d Layne Hardin in the fouryear-old lawsuit against Texas Andrology.

Also found liable by the jury after the two-week civil trial was Tobie Devall who had dated Hardin on and off since 2006.

In July 2010, Devall gave birth to a baby boy after being inseminate­d with sperm from Hardin that she retrieved from the clinic without his authorizat­ion.

“We hope this sends a message to the industry. They have to properly secure (the samples) and protect it,” Bernsen said.

In 2002, Hardin and his then-girlfriend Katherine LeBlanc went to the clinic to store a sperm sample because of his upcoming vasectomy. Although no longer a couple, they have a child together, a 15-year-old boy, and at the time wanted to ensure they could have more in the future.

Hardin and LeBlanc signed a contract with the clinic naming her as the controllin­g authority for the sample in the event they split up.

According to the contract, the sample was to have been discarded if both Hardin and LeBlanc died. LeBlanc was part of the lawsuit against the clinic and Devall.

Not on the contract

But clinic staff allowed Devall to claim a portion of the stored sample, although her name was never listed on the contract, the attorney said.

“We’re talking about DNA — the power to create life. It all could have been prevented,” Bernsen said.

After deliberati­ng for about six hours Friday, the jury found for Hardin and LeBlanc, awarding each $250,000 from the clinic because of the breach of contract. Devall was ordered to pay $125,000 each for mental anguish.

“Our clients have been completely vindicated,” Bernsen said. “Now they’re going to move on with their lives.”

Lawyers representi­ng the clinic and Devall could not be reached for comment.

May be unpreceden­ted

Bernsen said he has never heard of a lawsuit addressing similar issues in Texas.

“We’re approachin­g a time where reproducti­ve technology is outpacing the law,” he said. “It’s a historic case.”

Bernsen said Devall won’t allow his client to have any custodial rights with his son, now 5.

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