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Lawsuit Against Hospital Over Surrogate Delivery Of Triplets Allowed To Continue

Talk about being caught between a rock and a hard place:

A judge won’t dismiss a lawsuit against a northwestern Pennsylvania hospital over allowing a surrogate mother to take home triplets she’d given birth to.

Hamot Medical Center in Erie argued that plaintiffs waited too long before suing. An Erie County judge rejected that argument Sept. 15, meaning the case could go to trial as soon as February.

The triplets are the biological children of Cleveland State University professor James Flynn and an anonymous egg donor. A Corry woman, Danielle Bimber, gave birth to the children at Hamot on Nov. 19, 2003. Flynn and his fiancee, Eileen Donich, visited the babies briefly in the hospital but didn’t return for several days. Bimber took the triplets home, setting off a custody dispute that ended in Flynn’s favor in 2006.

Flynn and Donich are suing Hamot because they say the hospital shouldn’t have released the children to Bimber. The hospital says it acted properly.

What a predicament. If the triplets were medically cleared to go home and no legal parent available to take custody, then the hospital was caught between Scylla and Charybdis. Ironically enough, perhaps the best choice would have been for the hospital to contact social services and have the State take guardianship of the babies, thus putting the onus on the father to recover custody of his children. Then again, if these allegations are true, then perhaps the hospital does have some culpability.


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