A girl who inherited fragile X from sperm her mother purchased from a sperm bank can sue the sperm bank under product liability laws, a federal judge ruled.

Donna Donovan purchased sperm in 1995 from a sperm bank with assurances that all sperm donors were subject to screenings and genetic testing. However, Donovan’s daughter Brittany, now 13, has fragile X and mental retardation, which genetic tests attribute to genes from the sperm donor, not Donovan.

The sperm bank had hoped a judge would dismiss the case, but the first of its kind decision means that the case will go forward, reports The Legal Intelligencer. To read more click here.