A civil suit filed against a retired Idaho Falls gynecologist that accused him of using his own sperm to impregnate a patient receiving fertility treatments has been dismissed.
The lawsuit against Dr. Gerald Mortimer was dismissed April 30, according to court records, with both Mortimer and the plaintiffs, Sally Ashby and Howard Fowler, stipulating to the dismissal. A trial for the case was scheduled to begin May 17.
“The above-entitled action is dismissed with prejudice, with all parties to bear their own attorneys’ fees and costs,” Chief U.S. District Court Judge David Nye wrote in his judgment on the case. Dismissal with prejudice means the case cannot be refiled.
A reason for the dismissal was not apparent in court records. The law firm hired by the plaintiffs, Walker Heye Meehan & Eisenberg PLLC, said it could not discuss the case. A request for comment to Mortimer’s attorney did not receive a response.
A dismissal late in a civil case may indicate a settlement was reached out of court.
The lawsuit was filed in 2018 after the separated couple’s daughter learned Fowler was not her biological father when she sought genetic testing.
Ashly and Fowler stated in their lawsuit that they had sought help conceiving a child in 1979. Mortimer recommended mixing Fowler’s DNA with that of a donor who resembled Fowler. The couple paid a fee for access to a donor bank.
The lawsuit alleges that in July 2017, the couple’s daughter, Kelli Rowlette, submitted her DNA to Ancestry.com and learned Mortimer was her biological father. Unaware of who Mortimer was or that her parents had sought a donor, Rowlette told them it seemed Ancestry was unreliable.
“Ms. Ashby and Mr. Fowler struggled to cope with their own anguish, and had difficulty contemplating the torment the discovery would cause their daughter when and if she found out,” the complaint said.
Rowlette discovered the truth when she saw Mortimer had signed her birth certificate.
Mortimer initially denied impregnating patients with his own DNA. In a deposition in December 2018, however, Mortimer admitted to impregnating patients with his own sperm.
“To your knowledge, were you ever a sperm donor for anyone who was not your patient?” asked Attorney Shea Meehan.
“I don’t — I don’t think so,” Mortimer replied.
“OK. So all of the — and I’m just going to use your term for now — all of the sperm donations you made were to impregnate people who were your patients, correct?”
“Yes.”
The family had demanded damages in excess of $75,000 in the lawsuit, alleging medical negligence, failure to obtain informed consent, fraud, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, breach of contract and violations of the Idaho Consumer Protection Act.