Washington woman sues Idaho Falls doctor
A Richland, Washington woman has filed suit in federal court against Idaho Falls Doctor Gerald Mortimer and Obstetrics and Gynecology Associates of Idaho Falls. The suit was filed by Kelli Rowlette, Sally Ashby and Howard Fowler.
The suit, filed in Richland, Washington last Friday, claims that in 1979, while Fowler and Ashby were married, Fowler was working at the Naval Reactors Facility near Idaho Falls. They came to Dr. Mortimer to help them conceive a child. According to the suit, Mortimer diagnosed Ashby with a tipped uterus and Fowler with a low sperm count and low sperm mobility.
According to court documents, Mortimer recommended a procedure that would mix donor semen with Fowler’s genetic material that would increase the chances of conception prior to insemination. He said the donor would be anonymous and have characteristics selected by the couple.
The lawsuit alleges that instead of using donor semen, Mortimer inseminated Ashby with his own genetic material.
In August of 1980, Ashby discovered she was pregnant and on May 21, 1981 gave birth to Kelli Rowlette (Kelli Fowler). Mortimer delivered the baby.
Rowlette discovered Ashby concealed his action in July 2017 when received notification from Ancestry dot com that a DNA sample she submitted matched Mortimer’s DNA sample.
While Rowlette complained about the accuracy of the findings, her mother did some research of her own. She shared the information with Fowler but was hesitant to share it with their daughter.
Rowlette discovered her birth certificate, signed by Mortimer, while cleaning out papers at her father’s house in October 2017.
The lawsuit alleges Mortimer breached his agreement with the couple and failed to provide a standard of care. It also accuses him of battery for inseminating Ashby without her consent, intentional and negligent infliction of emotional distress, breach of contract, and violation of the consumer protection act.
The lawsuit seeks at least $75,000 in damages.
You can see the formal lawsuit here.
