The family also wants to know what happened to Joe’s sperm. “If you provide sperm to create an embryo and you find out that sperm was not used for your daughter, you have to wonder, where did your sperm go?” Wolf said.
Was it used to fertilize another family’s eggs? If so, Joe would have other children somewhere.
Desperate for answers, the Cartellones–Joe, Jennifer, and Rebecca–are suing Christ Hospital and all of its involved facilities.
The lawsuit is tackling three entities specifically: Christ Hospital, the Institute for Reproductive Health, and Ovation Fertility Cincinnati. The family demands responsibility for Rebecca’s ancestry along with monetary compensation. But this will not be an easy lawsuit.
In the best-case scenario, this mistake with the Cartellones is both a breach of contract and negligence. However, Wolf is also charging the hospital with battery.
In criminal law, battery is a physical act that results in harmful contact with another person without their consent. Jennifer never consented to a different sperm donor.
