US Consulate Sued over DNA test

[Mr_DR]

US Consulate sued over DNA test

Ok, I can see and understand why the ex is suing. After all such mistake destroyed his family and caused him to lose his business in the US, but wouldn't you guys agree that if he is suing for $180 millions his wife should be suing for triple that amount? This is a good opportunity for a hungry lawyer to search for that woman wherever she is at in order to represent her and make some really good money as well as gaining some good exposure. Where is Guzman Ariza at? lol

The United States consulate in the country is being sued for US$180 million in a local court by Miguel Familia, a US citizen of Dominican origin, who alleges that when he went to get residency for his daughter, the DNA test to prove he was her father came back negative.

Familia says he thought his wife, Yessica Guerrero, had cheated on him and this caused his marriage to break up in 2005. When he tested his now 11 years old daughter again, the result was positive.

The negative result was produced by the US lab the Consulate regularly uses for these tests. At the time, the US Consulate rejected the four-year old girl's application for US residency. Seven years later, tests carried out by Amadita and Referencia labs in the Dominican Republic indicated 99.99% that the girl is his own.

Miguel Familia never believed his wife and went on to divorce her. Listin Diario reports that the mother had sued the father for child support, but a court in La Romana rejected the petition on grounds that Familia was not the biological father.

The resulting turmoil for the family led to his wife suffering depression and alcoholism and mistreating the child. She was sent to Justice and bail was set at RD$100,000 which the mother could not pay and had to go to jail in La Romana.

Familia is now trying to repair the damage caused but he states that he feels terrible, having lost his wife and his child for seven years. His wife does not want a reconciliation because of the trauma this has caused the family. He said that the sum he was claiming from the consulate would not be enough to for him to get over his suffering.

Demandan por US$180 MM a embajada EEUU y cl?nica - listindiario.com

ADN errado destruye toda una familia* - ElDia.com.do

Demanda Consulado EEUU en Sto Dgo por prueba ADN - DiarioLibre.com

Dominican Republic News & Travel Information Service

 

[SKing]

I hope he gets every Penny and then that they investigate who actually performed the test and fire them

SHALENA

 

[Chirimoya]

It's a terrible chain of events! Why didn't they get the second test right away, though? His wife, who after all would have known for sure that the result was an error, should have made sure of that.

 

[LindseyKaufman]

Something seems fishy. I bet there is more to this story than what is written.

Lindsey

 

[Aguaita29]

It's a terrible chain of events! Why didn't they get the second test right away, though? His wife, who after all would have known for sure that the result was an error, should have made sure of that.

These tests are very expensive; Maybe she couldn't afford it!

 

[monfongo]

Who is to say that the tests done here are correct? sounds like a scam to me.

 

[the gorgon]

Something seems fishy. I bet there is more to this story than what is written.

Lindsey

it is a scam, pure and simple. if the woman is a resident of the USA, she can apply for residency for her child, regardless of who the father is. millions of women, from all over the world, have done it. there are untold numbers of women who have no idea where the fathers of their children are. some fathers are deceased. they still can petition for residency for their offspring. these rubes planned this. if they win, they will simply get back together, and go back to the DR, there to live the life of Riley. watch these hayseeds trip themselves up in court.

 

[Castle]

My question is, she was his wife, the kid was his wife's daughter - hence his daughter (biological or not), why the hell was a DNA test required? How crazier is this paranoid going to get?
On the other hand, I guess those things happen when people don't have a clue of what life is all about. He didn't lose his family because of a failed DNA test, he lost his family because he was more interested in making them (unwanted) inmigrants than in providing for them and educating them. I know this sounds hard, me being an inmigrant myself and all, but if anyone required me to take a DNA test to prove my daughter is my daughter, I'd say screw you!

 

[leromero]

I wonder why the Embassy would be at fault in the first place. It was the third party lab that gave a wrong result. The Embassy just used the result to deny the visa. Wouldn't you sue the lab instead? Yeah, something doesn't add up here.

 

[the gorgon]

My question is, she was his wife, the kid was his wife's daughter - hence his daughter (biological or not), why the hell was a DNA test required? How crazier is this paranoid going to get?
On the other hand, I guess those things happen when people don't have a clue of what life is all about. He didn't lose his family because of a failed DNA test, he lost his family because he was more interested in making them (unwanted) inmigrants than in providing for them and educating them. I know this sounds hard, me being an inmigrant myself and all, but if anyone required me to take a DNA test to prove my daughter is my daughter, I'd say screw you!

nobody can find fault in anything you just posted, castle. you are spot on.

 

[Frank the Tank]

I wonder why the Embassy would be at fault in the first place. It was the third party lab that gave a wrong result. The Embassy just used the result to deny the visa. Wouldn't you sue the lab instead? Yeah, something doesn't add up here.

The embassy could have ordered the DNA test. No ordered DNA test, no false results.

 

[the gorgon]

I wonder why the Embassy would be at fault in the first place. It was the third party lab that gave a wrong result. The Embassy just used the result to deny the visa. Wouldn't you sue the lab instead? Yeah, something doesn't add up here.

that is exactly the point. go sue the lab. the Embassy did not supply the information.

 

[the gorgon]

The embassy could have ordered the DNA test. No ordered DNA test, no false results.

and on just exactly which legal principle is your assertion based? if the Embassy ordered him to go take a test, and he gets killed en route, can that be attributed to the Embassy, on the grounds that absent the order for a test, he would not have driven in that direction?

 

[AnnaC]

Isn't it a requirement by immigration when sponsoring a child to the US?

 

[Aguaita29]

I wonder why the Embassy would be at fault in the first place. It was the third party lab that gave a wrong result. The Embassy just used the result to deny the visa. Wouldn't you sue the lab instead? Yeah, something doesn't add up here.

Well, the Embassy tells you to go to THIS specific place to get the test and that the results that they provide are the reliable ones and the ones they believe in. I can see why someone would try to sue the Embassy as well!

 

[Frank the Tank]

Isn't it a requirement by immigration when sponsoring a child to the US?

It is not a requirement. The Embassy will order one if they have questions or suspicions regarding the paternity of the child.

 

[the gorgon]

Well, the Embassy tells you to go to THIS specific place to get the test and that the results that they provide are the reliable ones and the ones they believe in. I can see why someone would try to sue the Embassy as well!

if there is no contractual situation of agency between the Embassy and the lab, then i fail to see any liability on the part of the Embassy. maybe the recommendation of this lab is made because they are reputable, and their results are generally accurate. if they fail to perform in a specific case, that is their dereliction, not the Embassy's.

 

[barker1964]

I any court action to gain more financially you name everyone involved as a co-respondant.....KA-CHING. The embassy to get out of going to court will write a check. The government will always loose when pain and suffering are involved. When punative damages are involved the payout on the side of the government can be huge they will cut their losses right away.

 

[Aguaita29]

if there is no contractual situation of agency between the Embassy and the lab, then i fail to see any liability on the part of the Embassy. maybe the recommendation of this lab is made because they are reputable, and their results are generally accurate. if they fail to perform in a specific case, that is their dereliction, not the Embassy's.

What I'm talking about is that the embassy only accepts results from a specific place. They are telling you that this place is the one that holds the truth.
It's like when you are sued for paternity, the court tells you to go to this lab, this lab gives "the good results", and a court sentence will be given according to this result; Even if you've presented results from other 10 different labs, they wouldn't matter, even if they matched. The only one that matters is the one from THIS lab.
So, I'm saying that I understand the guy's logic for trying to sue the embassy too, not that the Embassy was the one that made the mistake and that he WILL win against them.

 

[the gorgon]

I any court action to gain more financially you name everyone involved as a co-respondant.....KA-CHING. The embassy to get out of going to court will write a check. The government will always loose when pain and suffering are involved. When punative damages are involved the payout on the side of the government can be huge they will cut their losses right away.

depends on where the case is heard. sue the US government in a US jurisdiction, maybe. sue them in some third world country in the caribbean, they will make an example of you. they will bring the full weight of their resources to deter anyone else who thinks he can run a scam on them.