Sperm theft lawsuit leaves appeals court weighing how much a life is worth

How much is a life worth?

That was the crux of the argument between a Louisiana man and the woman who gave birth to his son in 2010 after taking his sperm without permission from a fertility clinic and being artificially inseminated.

The case, which has a long wound its way through the courts, landed Wednesday at Houston's First Court of Appeals where a three-judge panel was asked to reverse a trial judge's decision cutting a jury award from $870,000 to $1,900.

"The (judge) decided, in his opinion, that the law didn't allow those damages, which leaves a gap," said David Bernsen, an attorney for Layne Hardin. "We, as a society, have to decide whether this type of behavior is acceptable in Texas and I don't think it is."

Hardin won a lawsuit in 2015 against his former girlfriend, Tobie Devall, and Texas Andrology, the sperm bank that gave Devall two samples without Hardin's permission.

She gave birth to Hardin's son, then refused to allow any custodial rights with the boy, now 6. The two had a long custody battle in Louisiana, where Hardin lives.

Hardin and girlfriend Katherine LeBlanc, who have a long history and a teenage son, went to the sperm bank in 2002 in preparation for a vasectomy. The couple later broke up and he began dating Devall in 2006.

While they were dating, Hardin and Devall met with doctors at the sperm bank to discuss artificial insemination, court records show. Devall apparently never had permission to use the sperm she later took after they broke up.

In 2015, Hardin and LeBlanc won their lawsuit against Devall for taking the sperm, and Texas Andrology, for releasing the sperm without authorization.

After reviewing the verdict, state District Judge Jeff Shadwick said the law did not allow a money judgment for mental anguish and slashed the award.

On Wednesday, lawyers for Devall said the case was complicated and the judge made the right decision.

"The case defies classification," said attorney John Hoffoss. "What's the value of this child's life? You cannot have mental anguish damages for the existence of that life."

While both sides had 20 minutes to argue Wednesday, appellate courts generally take weeks or months to hand down a ruling.

brian.rogers@chron.com

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