HOUSTON – The trial of a man who sued a sperm bank and his ex-girlfriend, accusing her of stealing his sperm and becoming pregnant, continued Wednesday with more arguments in the case.
The lawsuit received international attention when the case first began in 2015.
Layne Hardin said it's a nightmare from which he can't wake up.
"It's just been a long hard road, and I feel in my heart that justice will be served," Hardin said.
Standing inside a closed courtroom, Hardin and his attorneys are asking an Appellate Court to review a 2015 ruling.
"We're here trying to protect the jury verdict which found that action was atrocious beyond the common bounds of a civilized community," Hardin's attorney David Bernsen said.
Bernsen said the action was by Tobie Devall, Hardin's ex-girlfriend, who accessed Hardin's frozen sperm without his permission and got pregnant.
A jury first ruled both Devall and the sperm bank had to pay Hardin and his former girlfriend, Katherine LeBlanc, more than $870,000.
"The sperm bank gave out this man's sperm in a paper sack to somebody who didn't have a right to it who impregnated herself," Bernsen said.
It was great news for Hardin, but 60 days later, Harris County judge decided it was a wrongful birth, which is not defined in the state of Texas, and no money should be exchanged.
He lowered the award to only $1,950. Devall's attorney Lee Hoffoss said it was a fair decision.
"The existence of a child does not allow somebody to get money for their pain and suffering," Hoffoss said.
But the other side obviously disagrees. Bernsen said there's no way the birth was wrongful.
"It was not a wrongful pregnancy because obviously, she intentionally went over and deceived everyone," Bernsen said.
Waiting once again for someone to decide his fate, Hardin said he just wants it all to be over.
"I don't wish this on anyone," Hardin said.
The judges will be deciding whether or not the initial ruling will be returned. Attorneys said it could take weeks to months for the decision to be reached.