A federal lawsuit has been filed by a Maine woman against her former fertility doctor, who is an expert in the field and a former professor with Harvard Medical School. The woman, Sarah Depoian, claims that the doctor, Dr. Merle Berger, secretly impregnated her with his own sperm instead of using an anonymous donor, as agreed upon. The incident allegedly took place in 1981, and the lawsuit seeks unspecified damages of over $75,000.
Depoian’s daughter, Carolyn Bester, discovered the truth about her parentage while researching her genealogy using Ancestry.com and 23andMe. Although the results did not provide a direct answer regarding her biological father, Bester found that she was related to two blood relatives of Dr. Berger. This revelation led to the filing of the lawsuit.
According to the civil complaint, Depoian’s husband’s sperm was not viable for the procedure, so the agreement was for Dr. Berger to use a sample from a medical resident who resembled her husband and was not known to either party. However, the lawsuit alleges that Dr. Berger surreptitiously used his own sperm without Depoian’s knowledge or consent.
The lawsuit accuses Dr. Berger of fraudulent concealment, intentional misrepresentation, and a violation of Massachusetts’ consumer protection law. It further claims that Dr. Berger covered up his actions and prevented Depoian from filing legal claims against him at the time. Depoian is now seeking compensation for the doctor’s misconduct.
An attorney for Dr. Berger has dismissed the allegations, stating that they have no legal or factual merit. The attorney also claimed that Depoian’s story has changed repeatedly over the past six months.
Harvard Medical School has distanced itself from Dr. Berger, stating that while he was affiliated with the institution, he primarily worked at independent hospitals. The lawsuit alleges that Dr. Berger went on to become one of the country’s most prominent fertility doctors, founding one of the nation’s largest fertility clinics, Boston IVF, and serving as an Associate Clinical Professor at Harvard Medical School.
This case raises serious concerns about the ethics and conduct of medical professionals in the field of fertility treatment. It highlights the need for proper regulations and oversight to ensure the well-being and trust of patients.
The Associated Press contributed to this report.
