INDIANAPOLIS (CN) – An Indiana mother claims in court that a fertility doctor used his own sperm during an artificial insemination procedure, and she didn’t realize it until 35 years later.
Elizabeth White and her son Matthew White seek damages for claims of fraud and negligence in a lawsuit they filed Tuesday against Indianapolis Infertility Inc. dba Reproductive Endocrinology Associates and an anonymous physician.
White first consulted with the clinic in September 1981 about artificial insemination and decided to undergo the procedure, according to the Marion County complaint.
But she claims the doctor used his own sperm in the insemination procedure without her consent, and says his actions constitute battery.
“The use of [the physician’s] sperm was intentional offensive contact with plaintiff,” the lawsuit states.
The procedure was a success and Matthew was born on Nov. 26, 1982.
White says she didn’t realize until September of this year that the doctor used his own sperm to inseminate her. Before that, she believed that the sperm donor was an anonymous medical school resident, the complaint states.
The lawsuit does not specify how White learned she was impregnated with the doctor’s sperm.
The mother also claims the doctor and clinic violated a promise that each donor would not be used in more than three successful procedures.
The Whites seek an unspecified amount of compensatory damages against the clinic and the anonymous doctor. They are represented by Jeffrey Powless in Indianapolis.
Reproductive Endocrinology Associates did not immediately respond Thursday to an emailed request for comment.