A retired fertility doctor from Boston, Dr Merle Berger, is facing a lawsuit filed by a former patient, Sarah Depoian, who alleges that he secretly impregnated her with his sperm over 40 years ago. The lawsuit was filed after Depoian's daughter, Carolyn Bester, underwent a DNA test and alleged that the results showed Berger as her biological father.
In 1980, Maine resident Sarah Depoian allegedly sought fertility services from Dr. Merle Berger, a co-founder of Boston IVF and former Harvard Medical School professor. According to the lawsuit, Berger told Depoian that the insemination procedure would use sperm from an anonymous medical resident who resembled her husband. However, it is alleged that Berger used his own sperm without informing Depoian, who claims she would not have consented if she had known.
Depoian's daughter, Carolyn Bester, made the shocking allegations after she purchased DNA kits from Ancestry.com and 23andMe. The results, Carolyn alleged, revealed a familial connection to Berger's granddaughter and second cousin. After further investigation, Bester claimed that Berger, who retired in 2020, was her biological father.
The lawsuit states that Dr Merle Berger did not deny he was Carolyn Bester's biological father
The lawsuit mentioned that when Depoian confronted Dr Merle Berger, he did not deny that he was the biological father of Carolyn Bester. Carolyn also talked about this and said,
"To say I was shocked when I figured this out would be an extreme understatement."
Depoian also shared a statement in which she said,
"We fully trusted Dr. Berger. He was a medical professional, it's hard to imagine not trusting your own doctor. We never dreamt he would abuse his position of trust and perpetrate this extreme violation."
Dr Merle Berger's lawyer also released a statement which said that the allegations have "no legal or factual merit."
"Dr. Merle Berger was a pioneer in the medical fertility field who in 50 years of practice helped thousands of families fulfill their dreams of having a child. He is widely known for his sensitivity to the emotional anguish of the women who came to him for help conceiving," the statement read.
The statement further mentioned that the allegations concern events from over 40 years ago.
"At a time before sperm banks and IVF, it was dramatically different from modern-day fertility treatment. The allegations, which have changed repeatedly in the six months since the plaintiff's attorney first contacted Dr. Berger, have no legal or factual merit, and will be disproven in court."
The statement also emphasized the vastly different landscape of fertility treatment during that era, highlighting the absence of sperm banks and the early days of artificial insemination.
Meanwhile, during a virtual press conference, the lawyer representing Depoian, Adam Wolf, condemned Berger's actions, referring to them as "heinous and intentional misconduct." Wolf also stressed the unethical and unlawful nature of the alleged acts.