A US woman is suing her fertility doctor after discovering that he used his own sperm in her treatment.
Sarah Depoian, who lives in Maine, gave birth to her daughter in 1981 following IUI treatment using donor sperm at Dr Merle Berger's clinic in Massachusetts. Depoian's daughter Carolyn Bester only discovered that she was genetically related to Dr Berger this year after using consumer DNA kits from 23andMe and Ancestry.com.
'This is an extreme violation, I am still struggling to process it,' said Depoian. 'I trusted Dr Berger fully. We thought he would act responsibly and ethically.'
Depoian consented to treatment using donor sperm from a 'medical resident' who she did not know, and who would have physical characteristics similar to her husband.
Her lawyers have filed a case in the US District Court District of Massachusetts alleging fraud and violation of consumer protection law.
'Some people call this horrific act "medical rape",' said Depoian's lawyer Adam Wolf, who specialises in fertility law. 'But regardless of what you choose to call it, Berger's heinous and intentional misconduct is unethical, unacceptable, and illegal.'
A genetic test has not been performed comparing Bester to Dr Berger directly, but her DNA matched with two of his relatives, and she pieced the likely reason together after talking to them, knowing that Dr Berger had treated her mother.
'To say I experienced shock when I figured this out would be an extreme understatement,' said Bester. 'It feels like reality has shifted. I just want to say how proud I am of my mom for speaking out, and I'm honoured to stand by her side.'
Dr Berger was a prominent fertility specialist, who was an associate professor at Harvard, and one of the founders of Boston IVF fertility clinic, although Depoian's treatment did not take place there. He retired prior to Bester's discovery, and his lawyers have said that: 'The allegations … have no legal or factual merit, and will be disproven in court.'
This is the latest in a string of such cases in the USA and elsewhere (see BioNews 1151, 1004, 1064, 996 and 1150 to name a few). Some US states have now brought in 'fertility fraud' laws specifically criminalising medical professionals using their own gametes in patient treatment, or using any gametes other than those specifically consented to by the patient (see BioNews 1172).
Sources and References
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Sarah Depoian vs Merle Berger Unites States District Court of Massachusetts
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Fertility fraud lawsuit
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'Extreme violation': Boston fertility doctor accused of secretly fathering patient's daughter
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Boston fertility doctor accused of impregnating patient with own sperm
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Woman accuses Boston fertility doctor of secretly inseminating her with his own sperm in lawsuit spurred by DNA kit discovery
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Fertility doctor secretly inseminated woman with his own sperm decades ago, lawsuit says
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