PORTLAND, Ore. (KOIN) — Forty-four years ago, a married couple welcomed their first child together after fertility treatments through Oregon Health and Science University and Providence Health. Later, the family would discover that doctors used the wrong semen to impregnate the mother, according to a new lawsuit against the hospitals.
The lawsuit was filed in Multnomah County Circuit Court on Dec. 26 by three individuals identified in the lawsuit under pseudonyms: C.W. (the biological mother), K.W. (the presumptive father), and A.P. (the child).
The complaint, which seeks $17 million in damages, alleges negligence, negligent inflictions of emotional distress, sexual battery, fraud/fraudulent concealment, and breach of contract.
According to the lawsuit, K.W. and C.W. were a married couple who sought medical care at OHSU in March 1980 to help with pregnancy difficulties and family planning. At the time, K.W. was tested for sperm count, motility and other criteria, and the report on the tests was signed by a doctor, according to the suit.
Later, in September 1980, an individual identified by the pseudonym R.W. was referred to the family planning unit at OHSU with his spouse, and R.W. was also tested for sperm count and a report was signed by the same doctor, according to the lawsuit.
In the spring of 1981, C.W. underwent an insemination procedure from OHSU, with the intention of using her husband K.W.’s semen.
“Unknown to C.W., K.W. and R.W., however, defendants wrongfully used R.W’s semen during the procedure,” the lawsuit claims.
C.W. became pregnant and gave birth to a baby girl, A.P., in December 1981 and the couple raised their daughter “as their biological child, never thinking that OHSU and Providence had wrongfully inseminated” C.W., the lawsuit states.
Genetic testing later confirmed that K.W. is not A.P.’s biological father, the suit claims, noting the plaintiffs did not discover the cause of the unwanted pregnancy and damages connected to the pregnancy until less than two years before filing the lawsuit.
Despite the genetic test, the suit states, “OHSU continue to conceal or otherwise deny that they wrongfully inseminated C.W. with a foreign donor’s semen. Further, OHSU has failed to properly investigate and notify its patients of medical errors after being placed on notice of Plaintiff’s claims.”
The lawsuit claims OHSU breached its duties to the plaintiffs according to state law and hospital guidelines, including ensuring proper safeguards for labeling and handling sensitive genetic material, properly training individuals responsible for handling the material, and monitoring staff during the insemination procedure.
The suit claims that the hospital also breached its duty to immediately notify other staff and patients of irregularities in procedures, redressing irregularities, and providing open lines of communication to allow patients to review errors and discuss with staff.
As a result of the wrongful pregnancy, the lawsuit claims that the plaintiffs “continue to suffer mental and emotional anguish, physical pain, emotional distress, physical manifestations of emotional distress including embarrassment, loss of self-esteem, disgrace, humiliation, loss of enjoyment of life that have prevented and will continue to prevent Plaintiffs from performing daily activities and obtaining the full enjoyment of life.”
The lawsuit claims that K.W. “was stripped of his biological fatherhood of the firstborn child with his wife,” and that C.W. was “stripped of the unifying bond of creating a shared life with her husband.”
As for the child, the lawsuit claims A.P. “is the product of nonconsensual birth,” and will “endure doubt, frustration, confusion, and embarrassment for the remainder of her life.”
The $17 million lawsuit includes $5 million sought for non-economic damages.
“Plaintiffs also suffered foreseeable economic losses, which include the costs for lifetime mental health counseling and therapy for all three Plaintiffs (approximately $1 million). These economic damages do even not begin to account for the health issues A.P. was predisposed to due to traits received from her biological father, which Plaintiffs currently estimated to be $1 million.”
The complaint adds, “it remains unknown whether Defendants performed any screening on the foreign donor prior to improperly using the donor’s material thereby 17 exposing C.W. and A.P. to communicable diseases.”
Providence declined to comment on the pending litigation. OHSU also declined to comment on the lawsuit, citing patient privacy laws and pending litigation.
