LabCorp has extreme difficulty with paternity test

I wrote this post about LabCorp and its difficulty with this particular woman’s paternity test months ago, but I kept finding more timely things to publish instead of this.  Nonetheless, it is an interesting court case and is still relevant.

I have yet another court case that I wrote up months ago that I will publish relatively soon.

In or around 2006, the plaintiff (Berman) asked the Oklahoma Department of Human Services (DHS) to perform a paternity test on the man (White) she believed was the father of her child and to collect child support from him.  DHS arranged for LabCorp to do the paternity testing.  The test came back that White was not the father.  The test was repeated a second time, with the same result.

The DHS finished its action against White because of the negative paternity tests.  The plaintiff subsequently submitted an envelope supposedly containing White’s DNA to a different lab.

This time the results showed that White actually was the father.  So Berman then filed a paternity suit against White and the court ordered him to undergo yet another paternity test; the results showed again that he was indeed the father.  The court then ruled that he was legally the father of the child based on these results.  White appealed and the Court of Civil Appeals (COCA) affirmed the ruling.

So what happened here exactly?  Well, the plaintiff alleges LabCorp used the wrong identification number for White (the potential father) which led LabCorp to use a completely different man’s DNA for the testing.  Then, for the second test (which also said White was not the father), LabCorp allegedly used the correct identification number but still somehow tested the same incorrect sample it tested the first time.

Ms. Berman then filed suit against LabCorp while the paternity issue was still ongoing, seeking monetary damages for negligence.

During the negligence suit, LabCorp argued the DHS proceeding was quasi-judicial in nature, and that well established case law in Oklahoma shielded it from claims against evidence presented within that proceeding.  The original trial court agreed and dismissed the case against LabCorp, but the plaintiff appealed and eventually, the case made its way to the Oklahoma Supreme Court.

The Supreme Court decided the trial court made an error when it dismissed the suit against LabCorp.  From the Supreme Court decision:

The importance of reliable and accurate DNA test results cannot be overstated. This type of forensic evidence is becoming part of our jurisprudence, and this trend is not likely to end. Much stands in the balance of the lives of those relying on such test results to protect their legal rights in a court of law. Inaccurate results could deal a devastating blow to those who otherwise have no ability to prove their cases on their own. Without recourse against a negligent defendant, a plaintiff has no remedy. Berman stands in that position in her relationship with LabCorp. Inaccurate results proved fatal to her case in her DHS proceeding. She was forced to pursue further legal action at her own expense. Her risk was foreseeable, and LabCorp owed her a duty to prevent that risk of harm.

We, therefore, hold LabCorp owed a duty to Berman to perform accurate DNA testing for purposes of determining the paternity of her child. The trial court erred in granting summary judgment. We, therefore, reverse and remand this case for trial.

As the first paragraph from the part of the opinion I posted above states, this type of DNA testing is used in forensic laboratories all the time.  It is absolutely terrifying to me that a simple mix up involving an identification number on a sample, like what allegedly happened in this case, could potentially lead to the prolonged incarceration or even the execution of an innocent person.

While I have not seen the outcome of the negligence trial yet, it would seem LabCorp is fighting an uphill battle, given what the OK Supreme Court said in its decision:

LabCorp tested the DNA of a completely different man…


Comparison of the lab results show, without doubt, that two different men were tested…

I’ll keep my eye out for the trial verdict and will update you all when it becomes available.

Berman v. Laboratory Corporation of America, 2011 OK 106 – Okla: Supreme Court 2011


  1. mary strong says:

    my name is Mary Strong there was a DNA Testing done my Dauther Brittany Anderson in 1992 that said 99.83% This Arterlee Anderson Is The Father But the court in chicago illinois child support will not make him pay childsupport if you would like a copy of the test send me a fax number please some one help

  2. elizabeth says:

    I had my labcorp dna test done through dhs and the results came back negative, saying the man that was tested is NOT the father. I don’t understand it one bit because he is the ONLY person I’ve slept with.

    • Leahmarie says:

      My son was tested march of 2012 sort of the same situation. I am pretty awe struck myself. I have been put through hell for the last few years. It is humbling knowing i am not the only woman out here that has been tested by labcorp and came out “not knowing who my baby daddy is”. Best of luck to you

    • nicole says:

      Please take another test…lab corp is looking for an class lawsuit against them….

    • donaisha says:

      Hello. What has been the outcome of your situation. .. can you email me at

  3. Jen Williams says:

    This Happened to me. That case sounds just like the nightmare my son I have lived with for 12 years. I am going do something this year. Its hard when you don’t have a lot of money. Wish me luck. You might see me on here. I hope I can find a Lawyer that believes me.

  4. danielle miller says:

    i just got the results back saying neither of the two men i been with was not the father, one guy i was engaged to for couple yrs then seperated after i was pregnant and was with the guy month before. im having the dna tested at a diff lab cuz i done research on labcorp idk how their still in business

  5. Michelle R. Cooke says:

    My name is Michelle and I was test by Labcorp in 2012 in Henrico, VA 23228. The test results came back that the male tested was not the father and I know for a fact he is with evidence but, no one will believe me. I have been in an emotional confused state for 13 years. Relatives and others say I do not know who my son father is. Yes, I do in fact I truly believe the male in question knows as well. After, the testing he left the state and I have not heard from ever again. Please help me no one will listen to me not even Child Support Enforcement after I showed them evidence I was with him. They say DNA is correct-not if the nurse made up.

    • Giana says:

      I’m going thru the same situation ma ma. Keep your head up! One thing I can tell you is investigate if he had known or knows a relative or any friends that work I’m a medical field bcuz my daughter father mother does and she’s done a scam to have the DNA tests negative!

      • JP says:

        I am going through a similar situation as you. I would like to ask you some questions, if you don’t mind.

        • Michelle says:

          I am very sorry I just read your rely since 2014, now for some strange reason Child support Enforcement has decide to do another DNA test after 14 years. When I tried before they would not. I feel the DNA technician messed up.

  6. VKM says:

    I am currently going thru this issue. There is only one person I was with and the DNA test was done by Labcorp and it came back negative. There is no possible way anybody else is the father at the time I got pregnant I had injured my leg and was pretty much stuck in my house unless somebody helped me get out and the guy who I know is the father of my son was living with me not working and never left my side. This was a court ordered DNA test in regards to child support and the DOR refuses to retest they state DNA doesn’t lie and that there has to be another man. Its not right its like I am fighting with a wall because I always get the same response.

    • nicole says:

      Your story is simular to mine…its been 3yrs since my paternity case involving lab son is now 5yrs old…my test results r believed to b false…there is no other man to test…I know who my sons father is….I actually planned to get pregnant the nite I conceived my son also looks jus lik hos father…aftet recieving the false results I tried contacting the lab by lwritting them two letters certified but recieved no respomse…I really need help in resolving this matter…

      • Peter Robson says:

        Hi. I’m sorry to hear what you’re going through at the moment. I’m experiencing a similar situation myself. Would I be able to ask you a few questions about your experience please? It would help me with my own.

  7. Nosipho Giwu says:

    Hey its Nosipho I’ve just tested ma boy 3wks ago and the results came bck negative! And I’m sure that the guy is the father of ma bby they luk alike and I only slept with hm 4 the past 11 months! Plzz help what must I do

  8. La Diamond says:

    OMG im so relieved im not going crazy im in the same situation with my 5month old thats why iwant a blood test done
    went to court with the alleged father results said 0% iswear if you see my daughter its like he can look in the mirror scary look alike especially how is that possible to look like 3generations creepy even his deceased mom she split im age of her and sister and his son also been looking like him since 4d sonogram im like seriously what the hell going on.. EVEN though everything concievement dates match hell natural DNA my ex was tested he iknew wasnt the father .. NOW HERE SHE IS GOING ON 6MONTHS IWANT A BLOOD TEST done something is not right we all agree … NOW MAKES SENSE BUT WHAT TO DO .. IF IFIND OUT LABCORP WAS WRONG IWANT A DAMN LAWSUIT.. THATS MESSING WITH PEOPLE LIVES SHE WITHOUT A FATHER BECAUSE THESE DUMBASS FALSE RESULTS

  9. lc says:

    The blood /DNA I’m sure states it is not 100 %

  10. Mary says:

    I had a DNA test done on December 10 when I got my results back it said he is not the father I no he is I was with I
    Him for 2 years what can I do he do not want to retest

  11. noodle says:

    I have twins and I just got a DNA test done and I was with h way before for 2 years we break up and I finally get pregnant I did sleep with someone else but it was protected and my daughter looks just like him. The alleged fathers father even said it himself I want a blood test done because I am going to test this other man and when it says he is not the father then I will know for sure that Labcorp and all your stories are true because I know in my heart he’s the father this is crazy and he got his results and I still haven’t received anything.

  12. Patti Green says:

    I have read all of these statements, I can relate to everyone here, I’ve raised my daughter alone, I know my test are wrong, this was done in 1992, on my results there is no picture of the father and no thumbprints, this is just unfair, I would never forget the nervous breakdown that I had in the courtroom when I tried to explain this to the judge, I hope this can be investigated , here today I am still heart broken, my daughter has not been a part of his family , they have disowned her ever since, can you imagine going to a funeral and your child’s name is not listed as a family member , I am still living with this pain. I wish all of you the best.

  13. vivian says:

    I had a test done by a company that uses lab Corp anyway my test result came back negative but I realized that my dna was being tested in Ted of the baby in question I called they said they are not responsible I have to speak to the agency where I got it done that they have other companies use their labs and they had a attitude like I’m in the wrong I mean doesn’t this change the possibility of the test being 99.99 can someone tell me if it can. Thanks

  14. Lav says:

    People are being paid under the table. LabCorp(employees) just haven’t got caught yet. I know this for a fact.

    • JP says:

      I came across your brief comment pertaining to Labcorp. I have been throwing red flags all over the place regarding my ex-wife s child. I believe she is trying to oust out of my child’s life. She has connections within the law and her boyfriend who has stolen my Parental Rights has connection s within the dna industry.
      So far she obtained a divorce stating my whereabouts where unknown and no children were born, even though she gave birth to this child 2 months prior. They forged my name on a Non-paternity affidavit and then were able to file a custody case granting her boyfriend parental rights.
      It was later brought to my attention what the child looked like and I was shocked. (I am Irish she is Polish, while he is Italian/Portuguese) I immediately requested a paternity test and discovered the fraud. Her Lawyer called me and said I could get a DNA test tomorrow as long as I didn’t get an Attorney. I figured dna is 100% no problem. Result came back I am negative. My friend later sees the test and tells me it is not real, this is later confirmed. Now I hire council andobtain a dna test from LaLabCorp. Same negative. My problem is during both processes I threw red flags for suspicion of the process. I could go on and on but I need to know more about what you mentioned. This was my theory from the start. It would mean the world to me.

  15. Shon McClure says:

    I had been told about this case. My state had me take a paternity test in which I was certain that I would be cleared of parentage. Boy was I wrong. I found out much information which confirmed I would not have fathered the child. The mother even talked too much and made it even more clear than ever that the test was wrong. The state’s DSHS gives a certain amount of time to question the paternity percentage. Fortunately My time had well been passed when my results finally arrived in the mail. Before Labcorp, I never knew a woman could be pregnant for two moths with the child being your own when you hadn’t even had sex with her that long ago.

  16. moe h says:

    I took my DNA test in 1997 with labcorp in Burlington N,C I always question test because the results were all similar but both my son and his mom both have sickle cell trait.the case worker told me that since I lived in another state that we had to give a DNA sample at my local LAB THE SAME week as the mom.but later learned that they took it two years before.

  17. Moe H says:

    with Theses many complaints against Labcorp one would think that DHS would have had a recall on all test administered by Labcorp especially the lab in Burlington N.C.

Speak Your Mind


HTML tags are not allowed.