A gay couple suing a Pasadena fertility clinic following the birth of a female child when they had requested two baby boys had portions of their lawsuit tossed by a judge in Los Angeles on Monday.According to a report from local news radio KNX, plaintiffs Albert and Anthony Saniger filed a lawsuit in July against the Huntington Reproductive Center Medical Group (also known referred to as HRC) and Dr.
Bradford Kolb claiming negligence, breach of contract, and malpractice after the clinic implanted a female embryo into the birth mother when the couple had specifically requested two male babies.In her ruling, Los Angeles Superior Court Judge Teresa Beaudet dismissed the claim of negligence and additionally ruled the plaintiffs must strengthen their breach of contract cause of action for it to remain part of the lawsuit.
She let stand for now their claims of fraudulent concealment and violation of the unfair competition law and Consumer Legal Remedies Act.
An additional claim of medical malpractice was not challenged and remains part of the couple’s lawsuit.In their suit filed July 1, the Sangers, who have been married since 2013, said they had always planned for having only two children, both males, going so far as to choose first and middle names and opening Gmail accounts for each expected son.