AEGiS-AP: Jury awards $435,000 to woman inseminated with wrong sperm in 2002 procedure Associated PressImportant note: Information in this article was accurate in 2004. The state of the art may have changed since the publication date.
Click here to return to Associated Press main menu




DonateNow



Jury awards $435,000 to woman inseminated with wrong sperm in 2002 procedure

Associated Press - June 29, 2004


WILMINGTON, N.C. (AP) - A jury awarded $435,000 to a woman who was accidentally inseminated with unprepared sperm at a fertility clinic.

The award to Kelly Chambliss -- $85,000 in compensatory damages and $350,000 in punitive damages -- could later be reduced because of state limits on punitive damages.

"We're pleased with the courage of the jury," said Chambliss, 37. "We hope this never happens to anyone else again."

In August 2002 Chambliss became violently ill just after a nurse practitioner inseminated her with the contents of an unlabeled syringe at the Coastal Area Health Education Center.

Two days later, Chambliss said clinic officials told her that she had been injected with "unwashed" sperm, which was left over from another client's procedure two days before and had proteins that had caused her uterus to contract.

Chambliss was also told she could have been exposed to diseases such as AIDS or hepatitis and wouldn't know for sure for about six months, her attorney Gary Shipman said Tuesday.

Chambliss remained "very, very sore" and had diarrhea and vomiting for about a week, Shipman said. She did not contract other diseases.

A judge on Feb. 5 found the nurse practitioner and clinic guilty of medical malpractice. A jury was then seated to determine damages.

In court, clinic attorney John Martin had called the clinic's acknowledgment of the error the gold standard in honesty.

"Medical errors happen," he said. "This case is about what happens when you make a mistake."

It will be up to a judge to make Monday's jury award comply with the state law capping punitive damages at $250,000. Martin said the total adjusted award would be $335,000.

Chambliss, who had undergone a dozen inseminations, decided she could not go through with more, Shipman said, and last September, she and her partner adopted a child.


040629
AP040667


Copyright © 2004 - Associated Press. Reproduction of this article (other than one copy for personal reference) must be cleared through the AP Permissions Desk.

AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, National Library of Medicine, and donations from users like you.

Always watch for outdated information. This article first appeared in 2004. This material is designed to support, not replace, the relationship that exists between you and your doctor.

AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.

Copyright ©1980, 2004. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .