From Seattle writer and consultant Matt Rosenberg...

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Class Action Filed Over Baby Gender Testing

March 01, 2006

Another less than stellar moment for the plaintiffs bar. Recently, Barristers Without Boundaries have filed lawsuits filed to protect consumers from the abuses inflicted by imaginative memoirists and iPods. Now, there's a class action proceeding on behalf of women who bought a baby gender detector that didn't work so well.

At least, as near as is evident from the Boston Globe article (last link, above), they are not seeking compensatory or punitive damages - they just want the manufacturer to honor the double-your-money-back promise because the results were predicted inaccurately, in the end. Fair enough, I guess. But, let's take a long step back for a moment. What kind of couple decides they have to know the gender of their baby-to-be within five weeks, and then spends $275 on some gimmicky device to supposedly find out? Then signs on with a lawyer when - God Forbid - they have a Baby Of Another Gender?

In the suit filed in US District Court in Boston, the women charged that despite its claim of 99.9 percent accuracy, Acu-Gen Biolab of Lowell got the genders of their babies wrong, causing confusion and distress, and then refused to make good on its double-your-money-back guarantee. Pregnant women are ''a vulnerable group, or at least an emotional group," said Barry Gainey, whose New Jersey law firm, Gainey and McKenna, is leading the suit. ''When you're essentially guaranteeing a test is 99 percent accurate, people rely on you, and you can't make those sorts of representations and get away with it." Gainey said he's seeking an injunction from a federal judge, prohibiting the company from falsely marketing the $275 ''Baby Gender Mentor" test and ordering Acu-Gen Biolab to honor its guarantee. The suit is also seeking restitution for all the women who purchased the device.

Oh, the confusion; the stress; the emotions; the sheer....vulnerability of it all. To think.....of the blue jammies on a baby girl, or the pink booties on a baby boy (OK, maybe I'd sue over that, too). These impatient technophiles are probably the same jerks yammering loudly on their cell phones in the checkout line or in bookstores, about nothing much at all. Just wait about, what is it, six months or so, and you'll KNOW the gender of your baby, from the ultrasound. And you know what - if even the ultrasound doesn't prove 100 percent accurate, WHO CARES? You should be thanking God you had a HEALTHY BABY, you pinheads! Merciful Jahweh, I beesech thee: deliver our planet from pampered yuppies who think they need a big head start on gender-specific nursery decorating and gift-receiving.

Anyone wanna bet their kids all have first names like Carter, Madison, and Taylor?

TECHNORATI TAGS:

Comments:

What you fail to mention in this ridiculous tirade is that "Dr." Wang misrepresented this test to thousands of women! Not only did he GUARANTEE 99.9% accuracy but he made no mention that he would be diagnosing babies for medical defects!!! Do you think it is appropriate for this man to be telling women that their babies will "cease to live" after birth due to chromosomal abnormalities? I would hardly say that is a just use of his test or power. Perhaps you should post all the FACTS before you malign the families that have taken this test and defend the rights of the consumer, not this unethical, mad scientist who is preying on vulnerable families.

Posted by: Lisa at March 3, 2006 07:43 AM

Lisa, I stated in my post that I believe the plaintiffs are entitled to not only their money back, but also the honoring of the double-their-money-back pledge. Still, and more importantly, in my view - that ANYONE would believe either this man's claims of 99.9 percent accuracy in baby gender prediction, or his utternaces about about a baby's supposed defects because his predictions were proving untrue, simply proves the late P.T. Barnum's adage that "a sucker is born every minute."

Stick with real medical professionals - not fly by night hustlers.

Posted by: Matt R. at March 3, 2006 08:42 AM

Dear Mr. Rosenberg,
I read your blog on the gender test with interest.
My daughter was one of the "yuppy" women who purchased the test.
I wish you could meet her. She's a mom to 2 boys, she drives a used car, lives in a mobile home, amd her husband is serving in the Army, stationed in Afghanistan. Far from your typical "yuppy".
She found out she was expecting her third baby a few days after her husband was deployed to Kabul. He had received a small re-enlistment bonus, so they thought it would be fun for them to find out the gender of the baby a little earlier. It was for "FUN", Mr Rosenberg.. plain, innocent fun.......
My daughter purchased the test, and was told she was having a boy. It was great, we were happy.
A month later, the owner of the "Lab", which is housed in an office building, with 4 or 5 workers, called my daughter, and diagnosed her baby with a fatal disease, saying he would "cease to exist" shortly after birth.
Now, if you have any imagination at all, Mr. Rosenberg, picture yourself buying something you thought was going to be "a fun thing to do"... soon forgotten..... Then picture yourself being told that you will "cease to exist" in a few months. Picture the fact that the person telling you this, is NOT your doctor, or anyone else's doctor for that mattter. He's a complete stranger, someone who you did NOT give permission to do these types of tests on your small "3 drops of blood" sample.
Imagine yourself having to wait months, to find out if what this stranger said to you is true.....All the while, wondering, worrying, being emotionally tortured.
To say that your article was insensitive is bland. I'd ask you to speak with some of these women yourself, do better reasearch, put yourself ( or your mother, or sister or wife), in their place for just a few minutes. I think your opinion might change.
Thank you for your time,
Nova Ferrington
Florida

Posted by: Nova at March 4, 2006 06:02 AM

Nova, thanks for writing. You say your daughter lives in a mobile home, has two kids and drives a used car. Her husband got a small bonus (obviously at least $275), and she decided to have some "fun" and spend it on a gender test for her baby. Would it have made more sense to put it in a housing fund, or car repair fund? And when the lab owner called to say her baby had a fatal disease, and would "cease to exist" shortly after birth, what was her basis for believing this? Because he was situated in an "office building?" The guy was obviously sleazy, and as I said, the customers do deserve their money back. But where is the awareness of their responsibility for being duped into such a scheme anyway?

The health of the fetus is what matters, not the gender, and it is a woman's obstetrician, not some huckster "in an office building" peddling dubious gender tests, whom a mother-to-be should turn to for evaluations and advice relating to the fetus' health.

The lawyer's language of victimology completely obscures the poor judgement these women showed in the first place.

That is the basis for my popping off.

I will save my compassion for far more worthy recipients. I've only got so much of it to spare, you see.

Posted by: Matt R. at March 4, 2006 08:48 AM

I can see why someone would see the gender test as frivolous, but I think you are missing the key point. EVERYONE wants a healthy baby, but some of us want to know what the baby's gender is as early as possible. For me, it definitely was not because I needed "a big head start on gender-specific nursery decorating and gift-receiving." I wanted to know because I already had six sons, and my only daughter desperately wanted a sister to have tea parties with. I took the test for her, as well as myself. We were simply curious. The baby would have been loved regardless of the gender, despite your assertations to the contrary. Also, you may not come from a big family, but nursery decorating becomes quite impractical after the second child, and very few people bother with gifts for someone's eighth baby. (I have everything that I need, thank you very much.)

As far as the test is concerned, I thought we had nothing to lose, because of the 200% guarantee. After all, I reasoned, nobody in their right mind would offer a guarantee like that without being very certain of the quality of their product. I was one of the minority who actually had a baby of the gender predicted by this test, but I strongly believe that this test needs to be removed from the market. I don't see myself as a sucker; there are valid scientific studies showing that fetal DNA can be found in a pregnant woman's blood, and at the time, it seemed reasonable that someone would have found a way to capitalize on that. Unfortunately, the product failed to live up to its guarantees. Many of the women involved in the lawsuit have complained to the Better Business Bureau, the Federal Trade Commission, and any other entity that might be able to shut down this lab. The lawsuit has been filed because none of those agencies were willing or able to shut down this lab, and the lab has become increasingly aggressive in its marketing of this bogus test. The online store selling the test proudly proclaims that the test was featured on World New Tonight, despite the fact that the news report was extremely negative about the test. It's an ugly situation.

I have to wonder why you are attacking the pregnant women who took this test, particularly those that took it when it was being heavily advertised on the Today Show and pregnancy websites. Are we not allowed to be interested in our babies? What is so wrong about wanting to know whether our baby is a boy or a girl? What about the military wives who wanted their husbands to know the gender of their unborn babies, just in case they didn't make it home?

By the way, I don't yammer away on my cell phone in public places, and none of my children have names like Carter, Madison, or Taylor. One of them is even named Matthew.

Posted by: Roxanne at March 4, 2006 09:49 AM

"The health of the fetus is what matters, not the gender, and it is a woman's obstetrician, not some huckster "in an office building" peddling dubious gender tests, whom a mother-to-be should turn to for evaluations and advice relating to the fetus' health."
AMEN, sir.
That's our whole point.
We admit we made a BIG mistake purchasing the test. We're trying our hardest to save other women from doing the same.
Of course the health of the baby is the most important thing. We didn't buy the "Check my baby for chromosome abnormalities" test..My daughter has a physician for that type of thing!
It's a mistake I wish we could erase from our lives.
Have you ever made a mistake? (ie: bought a car for "fun" that "looked" nice, only to find out that it didn't run as well as the more plain model?!)
And please don't stoop to attacking my daughter's finances! She's living on a serviceman's pay! Yeah, they splurged, one time. But they have what they need, and most of what they "want", so it's okay to do that once or twice in a lifetime, ya know? Especially if you think it's something that will bring you joy.
It was a mistake she's paying for dearly.
Now go ahead and turn this around however you want to, to make yourself look like a more superior being. It's okay! This is America, and you're allowed that right...
I hope you can learn compassion before you get old, Mr. Rosenberg. It might come in handy, in case you're ever truly "afraid" of a situation that seems out of your control. You might just need a friend, even if it's a friend that made a mistake once, Heaven forbid.
God Bless you, sir.
Nova

Posted by: Nova at March 5, 2006 05:50 AM

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