Baby Gender Mentor kit doesn't work, say misled moms suing maker

Tuesday, June 16th 2009, 4:00 AM

It's the mother of all ripoffs.

So say six New York moms who are suing the maker of a test that billed itself as "infallibly accurate" and "99.9% accurate" in predicting a baby's gender - then bungled their results.

The lawsuit accuses the inventor of the Baby Gender Mentor kit - which cost $25 to purchase along with a $250 fee to get results - of stiffing most of the moms on a promised 200% refund after incorrectly predicting the gender of their newborns.

"When you hear 99% accurate and 200% money back, how can you go wrong?" said Barry Gainey, a lawyer for the women. "A lot of people will jump at that."

Lorelei Fitzgerald and Brittany Hayes gave birth to girls but say they had been told to expect boys, leaving them with nurseries and infant clothes for the wrong gender.

Hayes had also filled out books about having a boy and had picked out a male name.

"She began to bond on a deeper level with her child and began to call him by his name," said the suit filed in Manhattan Supreme Court.When an ultrasound accurately revealed Hayes was going to give birth to a girl, the suit says, family members were "disappointed."

"You may get somebody that laughs it off, like, 'Okay, we're having a boy named George and now it will be Georgina,'" Gainey said. "For others, it can be a lot to go through."

An incorrect prediction that Keven Duffy would give birth to a girl contributed to the end of the Manhattan woman's marriage, the suit says, because "Duffy's husband wanted a boy very badly."

The botched tests "messed with the minds" of the expectant moms, Gainey said.

"None of them would say, 'Take my baby away' or 'I don't want this baby' - they love their babies," Gainey said. "But when you rely on something and you pay for it, you have a right for it to be true."

The kits were manufactured by Acu-Gen Biolab, a Massachusetts firm owned by C.N. Wang, which did not return phone calls.

The suit filed in Manhattan seeks refunds for the women who never received them along with other unspecified damages.

jmartinez@edit.nydailynews.com

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