Hardin v. Obstetrical & Gynecological Associates P.A.

OPINION

Harvey Brown, Justice

This appeal concerns whether there can be recovery of mental-anguish damages after sperm is stolen from a cryopreservation lab and used to produce a healthy child, when the evidence of mental anguish includes not only distress over the birth and life of the child but also distress over the mother’s separate bad acts directed at the father during the pregnancy.

Before undergoing a vasectomy, Layne Hardin contracted to have his sperm frozen and stored at a cryopreservation lab later operated by Obstetrical and Gynecological Associates PLLC (OGA). The storage contract…