PORTLAND, Ore. (KATU) — A family has filed a lawsuit against Oregon Health Science University (OHSU), alleging wrongful insemination during a fertility procedure in 1980.
A couple claimed that a woman was inseminated with semen from another individual instead of her husband’s, resulting in the birth of their daughter on Dec. 13, 1981.
Genetic testing later confirmed that the husband is not the biological father.
The lawsuit accused OHSU of negligence, citing failures in safeguarding genetic material and inadequate staff training and supervision.
The plaintiffs allege they have suffered severe emotional distress, humiliation, and mistrust of healthcare professionals.
They are seeking noneconomic damages of up to $5 million per plaintiff and economic damages for lifetime mental health counseling and therapy, estimated at $1 million.
Another argument presented was that OHSU’s conduct was negligent and resulted in severe mental and emotional distress.
They claimed the wrongful insemination was disguised as medical care and that they discovered the connection between the wrongful pregnancy less than two years before filing the suit.
The lawsuit also alleged that OHSU concealed the use of the biological father’s genetic material and failed to acknowledge any wrongdoing.
The plaintiffs asserted that OHSU had a special duty to protect them due to the confidential and fiduciary relationship established during their medical care.
They claimed OHSU breached this duty through various negligent acts, including failing to properly investigate and supervise employees, failing to prevent the mixing of patient samples, and failing to notify the plaintiffs of the wrongful insemination.
The lawsuit further alleged fraud and breach of contract, stating that OHSU misrepresented the use of the husband’s semen and breached an agreement to perform the insemination procedure using his genetic material.
As a result, the plaintiffs claim damages totaling $15 million, including $5 million each for the daughter and the married couple, as well as $2 million in economic damages.
KATU reached out to OHSU and Providence Health for comment. Providence said they will not have a comment as this is pending litigation.