An Ohio woman was given the wrong sperm donation and after filing a lawsuit against the sperm bank, her case has been dismissed.

Jennifer Cramblett filed a lawsuit against Midwest Sperm Bank alleging wrongful birth and breach of warranty. Judge Ronald Sutter threw out the case.

However, the judge told Cramblett that she would be able to refile the lawsuit under a negligence claim.

Cramblett became pregnant through artificial insemination in 2011. She and her partner, Amanda Zinkon, chose a white sperm donor but due to a clerical error she was impregnated with a black man’s sperm instead.

When the mistake was discovered, the sperm bank offered an apology and a partial refund.

Cramblett said that she loves her three-year-old daughter, but that she was raised around stereotypical views of minorities and that she has “limited cultural competency” with African-Americans.

Sutter said that the case could not proceed under either of those standards.

Midwest Sperm Bank’s attorney Bob Summers argued during the case that “wrongful birth” does not apply if the baby is born healthy, which Cramblett’s daughter was.

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