SAEDNEWS: A woman from the U.S. state of Idaho, who had been treated for infertility by a gynecologist, has filed a lawsuit against him after learning that more than three decades ago the doctor used his own sperm for her artificial insemination procedure.
According to a report by SaedNews News Agency, citing Hamshahri, a lawsuit filed by Sharon Hayes in the Spokane County Superior Court in Washington State alleges that Dr. David R. Clipole, a former obstetrician and gynecologist in Spokane, violated the state’s medical malpractice law. The law requires physicians to obtain informed consent from patients before providing any treatment.
The 33-year-old daughter of Ms. Hayes reportedly underwent a home DNA test this spring while seeking answers to her ongoing health issues. The results revealed that not only was her mother’s former fertility doctor her biological father, but she also shared DNA with 16 other individuals in Washington State.
Ms. Hayes, from Kootenai County, about 48 kilometers east of Spokane, is among a group of women who claim they were deceived by a trusted physician into receiving either selected or undisclosed sperm for in vitro fertilization (IVF). These women say they were unaware of the true identity of their children’s biological father until genetic testing was conducted—sometimes decades after birth.
In a televised interview, Briana Hayes, who took the DNA test, said she initially felt a deep sense of guilt even for seeking the information, as her mother had never told her the truth before the test results emerged.
Alleged Breach of Donor Anonymity Agreement
According to an eight-page complaint, Dr. Clipole—whose medical license expired in 2010 based on Washington State Department of Health records—claimed in 1989 that he would use sperm from anonymous donors, such as college students or medical students who physically resembled Ms. Hayes’s husband at the time.
The lawsuit alleges that he repeatedly performed IVF procedures on Ms. Hayes, who paid $100 in cash for each procedure. After at least the second artificial insemination, she became pregnant. The complaint states that Dr. Clipole never disclosed that he had used his own sperm.
Washington State reportedly has no specific law preventing doctors from secretly using their own sperm in fertility treatments, making enforcement difficult due to limited civil or criminal regulations. However, federal laws criminalize IVF fraud, and prosecutors have previously used broader federal fraud statutes to pursue similar cases.
Attorney Arjij Ermola stated that the principle of informed consent is clear and was violated in this case, as Ms. Hayes had selected a sperm donor profile that was clearly not Dr. Clipole. He expressed confidence that medical malpractice laws were breached.
The lawsuit, which also names Dr. Clipole’s wife as a defendant, seeks financial compensation and requests a formal court hearing.
