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Plaintiffs, a married couple - Mr. and Mrs. A - sought reproductive assistance through an in vitro fertilization (IVF) center in order to have their
Plaintiffs, a married couple - Mr. and Mrs. A - sought reproductive assistance through an in vitro fertilization (IVF) center in order to have their own biological child. After a successful IVF procedure, the couple's child was born, a baby girl. However, the race of the baby did not appear to be the same as the race of the parents. The couple filed a claim for negligence against the IVF center after confirming by DNA test that Mr. A was not the baby's biological father. The couple also claimed that the defendants committed assault and battery since the plaintiffs did not consent to fertilization with a stranger's sperm during the in vitro fertilization procedure. The couple claimed that the injury caused by the defendant's action caused them the emotional distress of raising a child that is of a different race, and not genetically their own, even if they love Baby A as their own. They claimed to anticipate emotional distress for themselves and Baby A as she grows older with the confusion of her identity. The defendants claimed that because they only had a duty to Mr. and Mrs. A (the patients), not Baby A, the defendants cannot be held liable for the claims for Baby A's emotional distress. Prepare a memo to the file addressing the following:. Have Plaintiffs established a case for negligence? Why? Why not? Have Plaintiffs established a case for battery? Why? Why not? Are there any affirmative defenses available to defendants in this case? As a result of this case, what might an IV facilities risk manager want to investigate
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