HOUSTON (CN) - A man says he fathered twins "without his knowledge, much less his consent" when a fertility clinic got his sperm from a woman who claimed to be his wife and used it to impregnate her in 2007.
Joe Pressil, of New York state, sued Houston-based Omni-Med Laboratories and Advanced Fertility CTR-Texas in Harris County Court.
Pressil does not describe how the woman got his sperm without his consent or knowledge, but apparently does not contest that it was indeed his sperm.
"Plaintiff, Joe Pressil ('Pressil'), suffered mental and economic injuries when defendants obtained his sperm without his consent or knowledge and in vitro fertilized a woman purporting to be his wife when she, in fact, was not," the complaint states.
Pressil says that in February 2011 he found a receipt from Omni-Med for the cryopreservation of a sperm sample. The complaint does not state where he found the 3-to-4-year-old receipt.
"Pressil was listed as the 'patient' on the receipt even though he had never been to Omni-Med nor ever sought treatment for male infertility," the complaint states. "Pressil immediately called Omni-Med and was referred to Advanced Fertility, the clinic who ordered the cryopreservation. Likewise, Pressil had never been a patient at Advanced Fertility."
Pressil says he called Advanced Fertility immediately and was told they could not talk discuss details on the phone, so he went to their clinic.
"Advanced Fertility told Pressil they obtained his sperm sample from a woman purporting to be his wife, even though Pressil was not married, and in 2007 performed in vitro fertilization which resulted in the birth of twins. Advanced Fertility impregnated the woman with Pressil's sperm without his knowledge, much less his consent.
"Advanced Fertility's website 'strongly encourages' both partners to take part in an initial consultation, though Pressil was never consulted. Pressil first discovered his children were born through in vitro fertilization in February of 2011."
Pressil says Omni-Med to this day is keeping a sample of his sperm without his consent.
"Due to the unexpected birth of his children caused by defendants, Pressil suffered severe mental anguish and incurred economic harm due to substantial child support payments," he says.
He seeks damages from Omni-Med and Advanced Fertility for negligence, conversion (of his sperm), conspiracy and violations of the Texas Theft Liability Act.
He is represented by Jason Gibson.