Man Sues After Sperm Sample Destroyed

ST. JOHN'S, NEWFOUNDLAND - A young man who had testicular cancer is suing health officials, claiming the Health Sciences Centre in St. John's destroyed his sperm sample.
His lawyer says it was believed to be his only chance to be a father.
The 18-year-old's application to sue, filed in Newfoundland Supreme Court by his lawyer Geoff Budden, refers to "a failure to maintain his genetic material."
In February 2005, the man, whose identity is protected by the courts, was diagnosed with testicular cancer.
He was warned by specialists that the operation to remove the malignant testicle would almost certainly render him infertile, and he was advised that he should bank his sperm if he wanted to maintain the opportunity to father children through artificial insemination.
But that will never happen, his lawyer said.
"This was a difficult situation for him to begin with, and it's now been terribly compounded," Budden said.
He acknowledged that it's too early to confirm whether his client is infertile.
"But we understand from medical science that the procedure he had would ordinarily render a person infertile."
That procedure includes not only the removal of one testicle, but also aggressive chemotherapy.
The lawyer for the Eastern Regional Integrated Health Authority said it plans to file a defence.
"We are aware of it and are investigating all the circumstances involved, and we'll go from there," said Dan Boon.
"It's very early in the action but I can tell you we will be formally defending it."
Budden said his client is seeking compensation for "emotional and psychological injuries such as mental distress and suffering," as well as relief for past, present and future health-care and treatment costs.
None of the allegations have been proven in court.
Similar cases are difficult to find in Canada, but there are some examples in the United States.
The Associated Press reported this week that thousands of frozen sperm samples, including about 60 from men who feared they may become impotent, were accidentally destroyed at the University of Florida.
Many of the men involved were also undergoing cancer treatment.
Officials say the Florida incident occurred when temperatures mistakenly rose in a storage tank.
from The Toronto Star