A recently filed New York medical malpractice case alleges that a New York fertility doctor used his own sperm to impregnate many patients. The plaintiff alleges that she learned through genetic testing that she has at least nine half-siblings.
The Seattle Times reports that the lawsuit was filed on September 11, 2021 by a 35-year-old woman whose mother received fertility treatments from the defendant doctor at his Rochester, New York fertility clinic in the 1980s. The plaintiff alleges that her mother was informed by the defendant fertility doctor that the donlor of the sperm used in her procedure was from a medical student. The plaintiff later became a gynecology patient of the defendant doctor during a nearly ten-year period. During gynecological exams, the defendant doctor allegedly performed pelvic and breast exams on the plaintiff (his alleged daughter), and discussed her sex drive and other issues of a personal nature.
The plaintiff began in 2016 questioning the identity of the sperm donor used in her conception after genetic testing resulted in her discovery of at least nine half-siblings who were also conceived from the same donor sperm. Her half-brother in Miami stated, “An interesting dichotomy is feeling gratitude for your existence and knowing at the same time that you are the product of something that should have never happened. It became a tougher pill to swallow. On one hand you’re grateful for your existence and the people you’re sharing the experience with. On the other, I don’t know how you forgive the violation of confidence and trust that a woman puts into her physician in the most intimate of settings.”
The plaintiff filed her fertility malpractice lawsuit after further DNA testing in May of this year of her half-brother and the defendant’s daughter from his first marriage confirmed the genetic link between them. The plaintiff’s New York medical malpractice lawsuit names the fertility doctor and his Rochester fertility clinic as defendants, and alleges claims for medical malpractice, battery, infliction of emotional distress, negligence, fraud, and lack of informed consent.
The fertility docor will probably not face criminal charges for his alleged wrongdoing because the statute of limitations for such criminal charges has passed. A spokesperson for the local District Attorney’s Office stated in an email, “While no victim has reached out yet, our appeals bureau did do some quick research and it appears that in reference to what has been made publicly available, any criminal action is barred by the statute of limitations.”
An HBO documentary in 2020 entitled “Baby God” investigated a Nevada doctor accused of inseminating multiple patients with his sperm. A Colorado doctor was sued by at least six families alleging negligence and fraud for allegedly using his own sperm in several successful artificial insemination procedures from 1975 to 1989. A New Jersey woman sued a former New York doctor with similar allegations earlier in 2021. Some U.S. states, such as Indiana, have recently enacted laws that specifically make it illegal for a doctor to donate sperm for a fertility patient without disclosure and consent, but such laws did not exist in the 1980s, when the mother of the New York plaintiff was allegedly impregnanted with the defendant’s sperm.
If you or a family member suffered harm as a result of fertility treatments in New York or in another U.S. state, you should promptly find a New York medical malpractice lawyer, or a medical malpractice lawyer in your U.S. state, who may investigate your fertility malpractice claim for you and represent you or your family member in a fertility medical malpractice case, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your state who may assist you with your fertility-related medical malpractice claim.
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