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Dr. Merle Berger Accused of Inseminating IVF Patients With His Own Sperm

Dr. Merle Berger Accused of Secretly Inseminating Woman With His Own Sperm At Boston Fertility Clinic, According To New Lawsuit

Dr. Merle Berger Accused of Inseminating IVF Patients With His Own Sperm

BOSTON, MASSACHUSETTS (April 7, 2024) – A Boston fertility doctor identified as Merle Berger has been accused of secretively inseminating a patient with his own sperm.

The accusations came to light in a new lawsuit. A woman purchased a DNA kit and discovered that the doctor was her biological father.

Dr. Merle Berger allegedly told the woman who received IVF treatment that the sperm used would be from a medical resident “whom she did not know.”

A full investigation into the alleged actions of Dr. Merle Berger remains ongoing. This lawsuit comes not long after a Florida woman was awarded $5 million in damages when a fertility doctor used his own sperm during IVF.

Liability For IVF Misconduct 

Fertility problems are relatively common in the United States. Millions of couples turn to IVF clinics to help them conceive. Sadly, though, dozens of doctors have secretly used their own sperm to inseminate patients. According to Forbes, “The number of disturbing “fertility fraud” cases that claim dozens of women unknowingly gave birth to children fathered by more than 50 doctors across the United States continued to rise this year as medical professionals in Washington and Vermont faced new accusations they illegally used their own sperm to artificially inseminate patients.” What follows are just some of the doctors accused of misconduct.

  • Dr. Christopher Herndon voluntarily surrendered his medical license after a former patient accused him of secretly fathering one of her children.
  • Dr. David Claypool has been accused of using his own sperm on an IVF patient.
  • Dr. John Boyd Coates was also accused of using his own sperm on an IVF patient.
  • Dr. Morris Wortman is accused of using his own sperm to impregnate several women in the 1980s.

Any doctor who uses his own sperm to secretly impregnate an IVF patient may be guilty of fraudulent concealment. They will typically also be liable for medical malpractice. Medical malpractice occurs when a patient is injured by a doctor’s or hospital’s deviation from the applicable standard of care. There is no single standard of care for any health-care field. However, a doctor’s or hospital’s standard of care is met when a doctor or hospital with an equivalent skill set would have followed the same procedures and guidelines under identical circumstances. Several steps should be taken after any suspected instance of IVF misconduct.

  • Medical records related to the treatment should be sought.
  • A police report should be created.
  • All documents related to the treatment should be collected.
  • An experienced IVF misconduct attorney should be contacted.

We trust doctors with our very lives in many situations. This is one of the reasons why misconduct by medical doctors can be so traumatic. Sadly, though, fertility clinics will do everything in their power to deny responsibility if one of their doctors engages in misconduct. It is important that victims of IVF misconduct understand that they do have rights. Any person who is the victim of medical malpractice involving an IVF doctor may be able to seek some measure of justice through a civil claim.

Getting Legal Help After IVF Misconduct

We at Gersowitz Libo & Korek, P.C. extend our best wishes to all of the women and couples who have been victims of IVF misconduct. There is simply no excuse for any doctor to secretly inseminate patients. It is our sincere hope that additional safeguards are created to prevent similar instances of misconduct.

Have you or someone that you care about been the victim of IVF misconduct? You may have legal recourse. Our team of personal injury attorneys is here to help in any way that we can. We care deeply that victims of medical malpractice are aware of their rights and that those rights are being protected. Whether you just have legal questions or need any type of support, we may be able to assist you. You can reach out to us anytime at (516) 908-9792.

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Jeff Korek

Jeff S. Korek

Senior Trial Partner​

Jeff S. Korek joined Gersowitz Libo & Korek, P.C. in 1992 as the Senior Trial partner. Known for his meticulous preparation and dedication to his clients, Jeff has obtained some of the state’s highest verdicts and settlements.