Maine woman sues fertility doctor for 'medical rape' after he used his sperm instead of anonymous donor's

MAINE: Sarah Depoian of Maine has taken legal action against retired fertility doctor Dr Merle Berger, accusing him of "medical rape" as he betrayed her trust by using his own sperm instead of an anonymous donor's during artificial insemination in 1980.

The lawsuit, filed in the US District Court in Boston, alleges that Berger, who denies the accusation, misled Depoian and her husband about the origin of the sperm.

What led to the revelation?

According to the lawsuit, Berger allegedly assured the couple that the sperm would come from a medical resident who resembled Depoian's husband, with whom she was unacquainted.

However, the suit claims that the retired doctor "inserted his own sperm into her body," a revelation that came to light when Depoian's daughter, Carolyn Bester, took a home DNA test last year. 

The results indicated a biological connection to Berger's granddaughter and his second cousin.

"After speaking with one of her newfound relatives, Carolyn pieced together that Berger is her biological father," the suit states.

Berger's lawyer, Ian JP inta, dismissed the allegations as lacking legal or factual merit, stating that they have "changed repeatedly in the six months since the plaintiff's attorney first contacted Dr Berger," Daily Mail reports.

Dr Merle Berger accused of fraudulent concealment

The lawsuit accuses Berger of fraudulent concealment, intentional misrepresentation, and violation of the Massachusetts Consumer Protection Law, seeking monetary damages.

"She suffers mistrust of the medical profession. There are days when she is so overwhelmed with anguish, stress and anxiety, that she is unable to function normally," Depoian alleges in the filling.

"Dr Berger's misconduct was not a mistake: Rather, in order to engage in the actions discussed in this lawsuit, Dr Berger needed to masturbate in his medical office, walk over to his patient while carrying his own sperm, and then deliberately insert that sperm into his patient's body — all while knowing that she did not consent to his sperm entering her body."

Further, the lawsuit alleges that Berger's actions involved deliberate and non-consensual use of his own sperm, referring to it as a "horrific act" or, in some terms, "medical rape."

Adam Wolf, representing Depoian, emphasized, "regardless of what you choose to call it, Berger's heinous and intentional misconduct is unethical, unacceptable, and illegal."