Doctor Accused of Using Own Sperm to Impregnate Patient — and Family Alleges They Found Out After DNA Test

Carolyn Bester (L) and Sarah Depoian, who has accused Dr. Merle Berger of impregnated her with his sperm without her consent.Photo:Courtesy of the Law Firm of Peiffer Wolf Carr Kane Conway & Wise

Courtesy of the Law Firm of Peiffer Wolf Carr Kane Conway & Wise

A woman is suing a former Harvard Medical School professor and fertility clinic founder for allegedly impregnating her with his sperm more than four decades ago when she and her husband were trying to conceive a child.

In 1980, Depoian and her husband went to see Berger to help the couple conceive a child, per the complaint. They alleged that Berger promised to use the sperm of a medical resident who looked like Depoian’s husband and did not know them.

In 2022, Carolyn Bester, now 42, purchased DNA kits from Ancestry.com and 23&me to learn more about her family history, the suit alleged. When the results came in, Bester claims she learned that she is not related to her father and was instead linked to Berger’s granddaughter and second cousin.

“After speaking with one of her newfound relatives, Carolyn pieced together that Berger is her biological father," the complaint alleged.

Per the complaint, Depoian said that had she known if the insemination would involve Berger’s sperm, she would have not consented.

In a statement shared with PEOPLE, Ian Pinta, Berger’s lawyer, claimed the allegations “have no legal or factual merit, and will be disproven in court.”

“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, with his lawyer going on to claim that the allegations against him “have changed repeatedly in the six months since the plaintiff’s attorney first contacted Dr. Berger.”

Carolyn Bester (L) and Sarah Depoian. In a lawsuit filed on Dec. 13, Depoian alleged that Dr. Merle Berger impregnated her with his sperm without her consent.Courtesy of the Law Firm of Peiffer Wolf Carr Kane Conway & Wise

“This is an extreme violation,” added Depoian. “I am still struggling to process it. I trusted Dr. Berger fully. We thought he would act responsibly and ethically. I will never fully recover from his violation of me.”

Dr. Merle Berger (foreground) in 2004.AP Photo/Lisa Poole

AP Photo/Lisa Poole

A spokesperson for Boston IVF told PEOPLE in a statementthat the alleged conduct described in the lawsuit occurred before Berger’s affiliation with the clinic and the company’s founding.

“We wish to highlight that the field of reproductive endocrinology and infertility is much different than it was decades ago, and the safety measures and safeguards currently in place would make such allegations virtually impossible nowadays,” the spokesperson said. “Patients should be assured that our field continues to uphold the most rigorous ethical and medical standards.”

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In a statement toNBC News, a spokesperson for Harvard Medical School said that Berger was affiliated with the medical school, but was primarily employed at Harvard-affiliated hospitals, which the school neither owns or operates.

When Depoian allegedly contacted Berger after learning of his alleged conduct, the complaint alleged that “Dr. Berger did not deny that he inserted his own sperm into Ms. Depoian’s body."

The lawsuit also accused Berger,who is also a founder of fertility clinic Boston IVF,of covering up his alleged conduct. “He had multiple opportunities to be honest with Ms. Depoian after the insemination. He could have told her immediately after the insemination, just as he could have admitted his abuse of power days or weeks later," the court documents stated. “But in order to cover up his misconduct and prevent her from suing him promptly, he concealed his fraud from Ms. Depoian.”

Depoian is seeking “damages in an amount sufficient to compensate her for her injuries.” A jury trial has also been requested.

source: people.com