Two moms allege the sperm bank gave them inaccurate biographical information about their donor

By Tiare Dunlap
Updated April 29, 2015 06:20 PM
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Atlanta-based sperm bank Xytex has fired back at a Canadian couple’s lawsuit over inaccurate information provided about the sperm donor who fathered their son, calling the lawsuit “baseless.”

The suit, filed in April, claims that Angela Collins and Elizabeth Hanson were told their donor was a healthy PhD student with an IQ of 160 who was pursuing a PhD in neuroscience.

After an email revealing the donor’s true identity was mistakenly sent, the pair says in the suit, they discovered he was a schizophrenic ex-felon who held no degree whatsoever.

In its answer to the complaint, Xytex said that the company “followed industry standards, including interviews with the donor regarding his health and a standard medical examination.”

“Throughout the process, Xytex made clear to plaintiffs in writing that the medical and social history was provided by the donor and cannot be verified for accuracy,'” the response continues.

Xytex maintains that the seven-year-old child at the center of the lawsuit is “completely healthy,” adding that the company’s screening policy “includes testing for at least 30 infectious and genetic diseases.”

Nancy Hersh, the San Francisco lawyer who filed suit for the couple, is now representing the families of 24 children fathered by the donor.

“The children are healthy now as far as we know,” Hersh tells PEOPLE. “However, premonitory signs of psychosis do not show up until after the age of 12 and none of them is 12 yet. Further, full-blown psychosis does not manifest until 18 or older.”

Hersh is seeking to have Xytex establish a medical fund to cover the cost of monitoring the children for psychosis.

Such a fund would “mitigate or prevent [psychosis] by appropriate treatment,” she says.

“That is the least Xytex could do,” Hersh adds. “My clients are completely dependent upon the ethics and diligence of Xytex. ”