Oh, Boy! Moms Sue, Say Baby Sex Tests Wrong

[Dos Equis]

I don't even know what to say about this one.  So one of these days a kid will discover that his parents filed a lawsuit because they were upset the kid is the wrong gender.   

Oh, Boy! Moms Sue, Say Baby Sex Tests Wrong
Tuesday, June 16, 2009 

NEW YORK —  Six New York City mothers are suing the makers of a baby gender test that touted its product as "infallibly accurate," saying the test results they received were wrong.

In papers filed in Manhattan Supreme Court, the women claimed they received incorrect results from the $275 Baby Gender Mentor test by Acu-Gen Biolab Inc., of Lowell, Mass.

The suit says the test makers advertised its product as the "gold standard for prenatal gender detection."

Lawyer Barry Gainey says the lawsuit charges the product's makers and marketers with negligence and fraud, and seeks unspecified damages.

A call for comment placed Monday night to officials at Acu-Gen Biolab Inc. was not immediately returned.

http://www.foxnews.com/story/0,2933,526582,00.html

[tu_holmes]

What a ridiculous thing... Such a litigious lot in this country.

[Al Doggity]

Hmmm.... we have become an overly litigious society, but...

The test costs almost $300. I don't think the parents are upset about their kids' genders. Even if the test had been accurate, all it was supposed to do was reveal the child's sex, not change it. The makers' of the test describe it as "infallibly accurate" when it's not. True, they could ask for a refund, but it is probably important to them to publicize the fact that the service is fraudulent.

[Dos Equis]

Oh please.  This is about money.  If these people were just concerned about alerting the public then they should hold a press conference.  They can also file complaints with the Federal Trade Commission and whatever the state enforcement agency is.  And ask for a refund. 

[Al Doggity]

They are actually suing because the agency refused to give them refunds. That's actually the main part of the lawsuit. The company offered a 200% refund if the results weren't accurate and they never came through.

Also, if they had simply held a press conference, do you think it would have come to your attention?

[OzmO]

I don't even know what to say about this one.  So one of these days a kid will discover that his parents filed a lawsuit because they were upset the kid is the wrong gender.   

Oh, Boy! Moms Sue, Say Baby Sex Tests Wrong
Tuesday, June 16, 2009 

NEW YORK —  Six New York City mothers are suing the makers of a baby gender test that touted its product as "infallibly accurate," saying the test results they received were wrong.

In papers filed in Manhattan Supreme Court, the women claimed they received incorrect results from the $275 Baby Gender Mentor test by Acu-Gen Biolab Inc., of Lowell, Mass.

The suit says the test makers advertised its product as the "gold standard for prenatal gender detection."

Lawyer Barry Gainey says the lawsuit charges the product's makers and marketers with negligence and fraud, and seeks unspecified damages.

A call for comment placed Monday night to officials at Acu-Gen Biolab Inc. was not immediately returned.

http://www.foxnews.com/story/0,2933,526582,00.html

They are suing because the test results were wrong, not because they didn't like the gender.

[Dos Equis]

You don't file a lawsuit over $275.  That can't be the "main part" of the lawsuit.  If they wanted a refund there are federal and state agencies that can help.  

Yes, if they held a press conference it would have been picked up by at least some in the media, put on the internet, and available to the world.  They could have taken out an ad in the paper.  Complain to the Better Business Bureau.  Set up a website.  Plenty of ways to alert the public.    

This is nothing more than another example of people wanting something for nothing.  Trying to win the lottery.  

[Dos Equis]

They are suing because the test results were wrong, not because they didn't like the gender.

That distinction, if it really is one, will be lost on the kid.  Parent is upset because they were told their baby is a boy, but turned out to be girl.  How devastating. . . .   

[OzmO]

That distinction, if it really is one, will be lost on the kid.  Parent is upset because they were told their baby is a boy, but turned out to be girl.  How devastating. . . .   

How could there not be a distinction when the test has nothing to do with determining the sex of the child?

The test told them they where getting boy and it was incorrect.  They didn't request a boy.

[Al Doggity]

You don't file a lawsuit over $275.  That can't be the "main part" of the lawsuit.  If they wanted a refund there are federal and state agencies that can help.  

Yes, if they held a press conference it would have been picked up by at least some in the media, put on the internet, and available to the world.  They could have taken out an ad in the paper.  Complain to the Better Business Bureau.  Set up a website.  Plenty of ways to alert the public.    

This is nothing more than another example of people wanting something for nothing.  Trying to win the lottery.  

It's closer to $550. The refund was supposed to be for 200%. Possibly, they're just not as rich as you and can't afford to $500 in the trash.

Theoretically, yes, a press conference is "available to the world." My question "Was would this have come to your attention?" Realistically, it probably wouldn't have. The subject matter wouldn't have caught the attention of any major media players. I am a market director. My department sends out dozens of press releases daily. Unless we are reporting something truly compelling, most of it is really so much wasted paper/ busy work.


Most importantly, the company advertised their product as infallible and charged accordingly. This wasn't some cheap, OTC bullshit. If they'd been honest and reported the margin of error in their product, I'd feel they deserved a pass. They used a dishonest claim as their main selling point for a  service that was  relatively expensive. That is literally and legally fraud. They deserve to be sued. The parents motives aside, the company is completely in the wrong here.

[Dos Equis]

How could there not be a distinction when the test has nothing to do with determining the sex of the child?

The test told them they where getting boy and it was incorrect.  They didn't request a boy.

What's the difference?  The test is supposed to tell the parents whether the baby is a boy or girl.  This isn't some sci-fi test that changes the baby's gender in the womb.  It's just a prediction.  Just like an ultrasound, which can also be inaccurate.  

[Al Doggity]

What's the difference?  The test is supposed to tell the parents whether the baby is a boy or girl.  This isn't some sci-fi test that changes the baby's gender in the womb.  

That's actually his point.

[Dos Equis]

It's closer to $550. The refund was supposed to be for 200%. Possibly, they're just not as rich as you and can't afford to $500 in the trash.

Theoretically, yes, a press conference is "available to the world." My question "Was would this have come to your attention?" Realistically, it probably wouldn't have. The subject matter wouldn't have caught the attention of any major media players. I am a market director. My department sends out dozens of press releases daily. Unless we are reporting something truly compelling, most of it is really so much wasted paper/ busy work.


Most importantly, the company advertised their product as infallible and charged accordingly. This wasn't some cheap, OTC bullshit. If they'd been honest and reported the margin of error in their product, I'd feel they deserved a pass. They used a dishonest claim as their main selling point for a  service that was  relatively expensive. That is literally and legally fraud. They deserve to be sued. The parents motives aside, the company is completely in the wrong here.

Not as "rich" as me?    This story isn't about me.  It's about a group of people abusing the legal system.  So it's $500?  Stop the presses.  If I spent 15 minutes on the internet I bet I could find the agency in New York responsible for enforcing consumer protection laws, and a method for these folks to get their money back without filing a dumb lawsuit.  

Realistically a story can hit the AP and get press based on how intriguing the story is, what the media feels like covering as the flavor of the day, and how hard the person works to get the word out.  So yes, they could have gotten the story about this product disseminated without filing a dumb lawsuit, which they probably called a press conference to announce anyway.  

If the company sold a defective product then yes it's wrong, but not every "wrong" should be in our legal system.  This is just dumb.  Waste of resources.  Sound like opportunists to me.  

[Al Doggity]

If the company sold a defective product then yes it's wrong, but not every "wrong" should be in our legal system.  This is just dumb.  Waste of resources.  Sound like opportunists to me. 

If it's an expensive product, marketed as infallible, and the operators of the company refuse refunds when the product does not work as advertised, then, YES, it should be in the legal system.

[OzmO]

What's the difference?  The test is supposed to tell the parents whether the baby is a boy or girl.  This isn't some sci-fi test that changes the baby's gender in the womb.  It's just a prediction.  Just like an ultrasound, which can also be inaccurate.  

You are asking me the difference between something that predicts the gender of a baby versus something that determines the gender of a baby?

[Dos Equis]

You are asking me the difference between something that predicts the gender of a baby versus something that determines the gender of a baby?

No.  I'm saying I don't really think it matters whether the parent wanted a boy instead of a girl.  I'm saying that's exactly what it sounds like (parent wanted a boy, but got a girl or vice versa).  I understand what they're saying:  test was supposed to be infallible, but wasn't.  But I doubt that distinction will be appreciated by the kid.     

[OzmO]

No.  I'm saying I don't really think it matters whether the parent wanted a boy instead of a girl.  I'm saying that's exactly what it sounds like (parent wanted a boy, but got a girl or vice versa).  I understand what they're saying:  test was supposed to be infallible, but wasn't.  But I doubt that distinction will be appreciated by the kid.     

It will probably be appreciated no differently as if the parents were told by the Ultra sound people that it was a boy.

Aside from all of that, if the company that makes test says it's 100% accurate they need to refund these people.  anything beyond that is stupid.

[Dos Equis]

It will probably be appreciated no differently as if the parents were told by the Ultra sound people that it was a boy.

Aside from all of that, if the company that makes test says it's 100% accurate they need to refund these people.  anything beyond that is stupid.

People don't file lawsuits when the ultrasound turns out to be wrong. 

I agree the company should give refunds if it falsely advertised the product.  It certainly is stupid beyond that. 

[OzmO]

People don't file lawsuits when the ultrasound turns out to be wrong. 

I agree the company should give refunds if it falsely advertised the product.  It certainly is stupid beyond that. 

I wasn't trying to suggest people should file lawsuits based on ultra sound.  I was drawing the similarity between a kid finding out his parents were expecting a boy based on a ultra sound test versus this test.  Same thing.

[Dos Equis]

I wasn't trying to suggest people should file lawsuits based on ultra sound.  I was drawing the similarity between a kid finding out his parents were expecting a boy based on a ultra sound test versus this test.  Same thing.

I wasn't implying that you were suggesting that.     I was trying to say the fact parents filed a lawsuit over this distinguishes this from the parents who get an inaccurate ultrasound (those parents never sue).  I think if a parent filed a lawsuit over an incorrect ultrasound, based on the false representation by the doc (or whomever reads it), the possible mixed message would be the same:  parent is unhappy that they got a kid of the "wrong" gender.  The parent should be happy they have a healthy kid.  Get on with their life.  I mean what are we really talking about here?  The loss of a few hundred bucks?  Having to replace all those pink outfits with blue outfits??  (I know you don't agree with the lawsuit.)