Moms Suing Gender Predictor for Wrong Gender
Another day, another woman who apparently needs a lesson in how pregnancy works.
Keven Duffy blames a gender prediction test manufacturing company for the end of her marriage. They said she was having a boy - just like her husband wanted. Turns out, she was actually carrying a girl, and Duffy says the company’s at fault for the stress that led to divorce.
OK, she does realize she would have had a girl REGARDLESS of the test? And Mr. Duffy gets that the genetic material that made a daughter came from his contribution to the sexual equation, right?
Duffy is one of a group of women suing the Baby Gender Mentor for providing them with incorrect results in a test the company claims to be ninety-nine point nine percent accurate or your money back! With samples sent in to a lab for testing, moms say they felt there was less room for error. The test is supposed to assess at just five weeks the gender of the fetus, which is way before any of the medical tests in a doctor’s office - and more than a month earlier than the new home test that just hit the market.
I can’t blame most of the women for suing for their money back - after all, the company says “or your money back,” and they say they didn’t get it. That’s adding sleaze on top of sleaze.
But it’s a lot harder to feel sorry for them when you read that they blew $275 on this thing . . . just to know something they’d find out for sure in nine months anyway. Heck, if they’re lucky, in two and a half months at the sonogram. Don’t they have better things to spend their money on? Like, oh, I don’t know, a crib? A breast pump?
Is it nice to find out what you’re having? Sure thing. I was willing to try at my husband’s request. In the end, it didn’t happen - she kept her legs clamped together during our sonogram. It didn’t make or break my pregnancy. And it didn’t change anything (yup, Ms. Duffy, I would have had a daughter ANYWAY).
Were these women duped or just suckers?
Image: New York Post
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Tags: gender, gender prediction, gender selection, Jeanne Sager, lawsuit, pregnancy
29 Comments
[...] out the sex of your baby — as Jeanne recently pointed out in this post — can be a dicey proposition, for many reasons. But one key one? The sense of attachment we [...]
Bonding With Baby, Perhaps a Little Too Soon | Strollerderby commented on Jul 05 09 at 1:33 pmPlumbLucky commented on Jun 17 09 at 9:36 amSo the stress of having a girl did in her marriage? Um…I hate to say it, but she did get a better shake than Henry VIII’s various wives did when they produced girls, since they both sound about as clueless as he was about how girls came to be.
Money back for the error. No monies for “damages or pain/suffering or other random BS reasons”. Seriously…
Shannon commented on Jun 17 09 at 10:09 amShe should sue her husband for being a jerk.
Shana commented on Jun 17 09 at 10:45 amHow funny that your kid kept her legs clamped. Mine was diddling his fiddle when they confirmed the sex.
PlumbLucky commented on Jun 17 09 at 10:55 amMine was sitting on his feet in every single ultrasound (tech showed us only because we didn’t want to know, and found it funny that the baby agreed with us).
Jessi commented on Jun 17 09 at 11:44 amWow this is just ridiculous people sue for anything these days…what is wrong w/our society?
I’m sure the test is the only thing that led to the stress and her evenutal divorce… Sure…Granted i would want to know if possible but until that baby is born you never know and you shouldn’t hold anyone else responsible for that. Can’t people just enjoy the fact they have a beautiful miracle growing inside them regardless of the sex…
Angry commented on Jun 17 09 at 12:11 pmWow don’t you guys get it, if the child test provided by this “service” had shown a girl the pregnancy would have been terminated. She was having a SON to please her sleezebag husband.
I believe that a woman should have the right to choose, but this is sick.
So no she would not have ended up with daughter anyways.
There was an article in the Times a few days back about the statistical anomily of fewer girls in asian American families, it is not hard to geuss how that happens.
I SO PITTY THE DAUGHTER
smom commented on Jun 17 09 at 12:35 pmAngry, Do you know this woman? How do you know she would abort a girl? She looks pretty happy in the picture to me. And furthermore, there is nothing in the article that says the divorce ended because of the gender, it merely says they are no longer married. I used to be a journalist and know how easy it is to manipulate the facts just by putting two unrelated thoughts together. It’s amazing the conclusions all of you jump to. Angry, you sound angry. I pity (correct spelling) you.
Courtney commented on Jun 17 09 at 12:36 pmWe were lucky that we did want to know this time, since the first view we got of our baby-to-be was a close up of his junk! The tech just happened to put the wand in the right place, and it was immediately obvious what we were seeing.
I also think this is disturbing. I’ve always felt kind of uncomfortable with people asking whether I wanted a boy or a girl. I’ve never really had a preference either way, but I always thought that if I did have a preference and expressed it, were people going to spend my baby’s life telling them “oh, your mom wanted a ___, but she seems to love you just the same”? In this day and age, it’s hard for me to fathom why it’s such a big deal to have a child of a particular gender.
maeby commented on Jun 17 09 at 12:42 pmi actually agree with Angry. I think she would have had an abortion if it showed it was a girl.
Jellybean Jen commented on Jun 17 09 at 12:44 pmRegardless of the repugnance of being so very disappointed by a healthy baby girl…
If the plaintiff can show that the pain and disappointment suffered by her husband (because of the lab’s error) led directly to problems in the marriage, I don’t see the problem. And it doesn’t have to be all or nothing. Judges can apportion damages based on role the error played. If it wasn’t the only cause, it may have contributed. How much, if at all, is up to a jury or judge to assess.
Plus, I think many are assuming that he would never have accepted a girl. That’s probably not true. That confidence (based on the test) that it was a boy could easily have made things worse. Either way it is possible that this error caused more damage than just a wasted 300.00 dollars.
I think the argument seems reasonable in the abstract, let a lawyer try to prove the facts and let the defence try to rebutt. If the company doesn’t want to deal with similar cases, they need to make sure their product meets their claims.
Angry commented on Jun 17 09 at 1:01 pmMaybe I am wrong, but sex selection is just that selection. here in Canada private scanning clinnics have had great popularity in the Asian and South Asian communities. That a tort can be created by the disapointment of having a daughter is yet another example of why tort reform is so desperately needed.
That sex selection services are allowed is grim, and if you believe that the majority of the clients are looking for nursery paint planning then I can only admire your sunny outlook.
Laure commented on Jun 17 09 at 2:28 pmsmom - the article does say that this woman is claiming that the company is at fault for the stress that caused the end of her marriage. Since this company was used to predict the gender, that would mean that gender (at least indirectly) caused her marriage to break up.
Momof4 commented on Jun 17 09 at 2:36 pmI agree w/Angry too. I also hope that the daughter isn’t old enough to understand now, and never learns about this lawsuit!! How on earth would you explain to your daughter that you sued someone because you wanted a boy so much (for your husband or not) and were disappointed when it turned out to be her instead?!?!?!
ChiLaura commented on Jun 17 09 at 2:58 pmMomof4, maybe her husband is a sleazebag who divorced her because she didn’t “give” him a son and now won’t pay child support. I dunno. Just sayin’.
Also, I’m on my 3rd pregnancy, having had two sons already. I’m not ashamed to say it: I WANT a girl. And everyone who knows me knows this. Which is not to say that I would love another son any less than a daughter; he will be beautiful and perfect. Sure, I might be a little disappointed at first if the ultrasound shows “boy,” but so what? I think that it’s reasonable and human to have these feelings. Of course, there’s a limit as to how much one should be controlled by them, e.g. I think sex-selective abortion is disgusting, but, really, what’s wrong with wanting one sex over the other, at least a little bit?
smom commented on Jun 17 09 at 3:33 pmThis is not the actual article from the NY POST (the one that I read), this is the opinion of the writer on this blog. In the Post is does not say the stress led to divorce. And from what the lawyer wrote on the Post site it seems that none of the women were intending to terminate due to gender outcome. How can any of you make presumptions about people you don’t know? How do any of you know she wasn’t overjoyed to have a girl? Just some food for thought.
jeannesager commented on Jun 17 09 at 3:50 pmsmom - the NY Post article says directly in the end that Keven Duffy says THIS ISSUE caused stress in her marriage and they are now divorced - that isn’t presumptuous - that’s what the article said. another article on the issue at NY Daily News said as much as well, saying that it led to the divorce because her husband “wanted a boy very badly”
smom commented on Jun 17 09 at 4:30 pmAgain, I know journalism. And I know marriage. These are two notions. PErhaps it did cause stress in her marriage (retarded) but divorce is very complicated issue and I just can’t believe that two people would divorce over that. There must have been other issues. What bothers me here, is the common consensus that this woman is evil. Who knows what she said that was omitted for the sake of the “story.” I’ve done it myself - spin everything for maximum impact and ignore anything that doesn’t go to the strongest most inflammatory point.
KD commented on Jun 17 09 at 4:38 pmsmom, I think the picture is a stock photo.
Suesbooks commented on Jun 17 09 at 4:48 pmWell, there was a 50% chance that the predictor was right. It’s like tossing a coin, heads or tails. If someone could actually predict these things, don’t you think that they would charge a lot more for the service? They should feel lucky that’s all they lost. They should be happy that the baby is healthy. The stress they felt was put on themselves. They could benefit from a lesson on the birds and the bees. Also, there are couples out there that would love to adopt their healthy baby girl.
smom commented on Jun 17 09 at 5:37 pmKD, oh i never thought it was a stock photo. Like a picture of “mom with daughter?” Could be…
smom commented on Jun 17 09 at 5:41 pmSuesbooks, where does it say they are not happy that the baby is healthy? My friend went for her third after having two girls - trying for a boy and got a girl. She was pretty upset, got over it and then loved her child. This happens, I suppose, just not in a public forum.
jeannesager commented on Jun 17 09 at 5:42 pmIt’s not a stock photo - it’s a photo of the mom and her child
smom commented on Jun 17 09 at 5:59 pmwell, if that’s the case, they both look happy.
Shelly commented on Jun 17 09 at 8:42 pmAll I have to say is this: I wanted a boy and got a girl. I cannot imagine my life with a boy now at all. I love my daughter just as I am sure she loves her daughter. Maybe her husband wanted a boy so badly that knowing it was a girl was too much for him to take. Maybe he only wanted a boy for the wrong reasons, but we should not judge another person “til we been standin in his/her shoes”! He could have wanted a girl but was told he was getting a boy instead. Maybe the stress of that truth caused the marriage to fail. Either way, she is still too naive to believe that she can sue a company for wrongful predictions. If this could be done, I would be a millionaire by now. I once had a psychic tell me I was going to have 9 children! I have one and cannot have anymore.
Twyla commented on Jun 18 09 at 12:50 amI am so tired of these stupid lawsuits. Even if a wrongful test somehow contributed to a divorce it is still the fault of the divorced not the test. A test can not fight, file for or sign divorce papers. People do. Maybe the $300 would have been better spent on marriage counseling. I do think she should get her money back per the agreement by the manufacturing company.
Sheri commented on Jun 18 09 at 3:11 pmI am one of those crazy people who wanted to know. I wanted to know because I did want to pick nursery colors (although our eventual choice could have gone either way), I wanted to buy gender specific clothing and all that fun stuff. Really, would it have killed me to have waited?? No. Did I want a specific gender?? My third pregnancy I wanted a girl. But once I saw his face on the screen, I didn’t care. He’s my boy and I can’t even imagine my life with a girl. If I would have had $300 at the time, yeah, I would have paid for the test, I would have also had the required number of ultrasounds to make sure and gotten over it.
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Boy or Girl? commented on Dec 20 09 at 12:14 amThe late Dr. Landrum Shettles came up with a way to predict your baby’s gender pre-conception. It can work if the steps are followed to the letter.
