Former Minot fertility doctor sued
Jean Ann Nelson
Tasheena Greaves
Janae Nelson Raymond
Jean Ann Nelson
Tasheena Greaves
Janae Nelson Raymond
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A former Minot obstetrician-gynecologist is being sued on allegations he deceptively substituted his own genetic material to impregnate a patient in his fertility practice.
Dr. Dennis Lutz, who chairs the OB-GYN Department at the University of North Dakota, is being sued for damages in excess of $50,000 and other unspecified relief.
Plaintiffs Jean Ann Nelson of Morton County, and her daughters Tasheena Greaves of Divide County and Jane Nelson Raymond of Salt Lake County, Utah, brought the lawsuit on grounds of fraud, medical battery, breach of fiduciary duty, intentional infliction of emotional distress and negligence.
Lutz had provided fertility care to patients in Minot, including at Medical Arts Clinic. He could not be reached for comment Monday.
According to the amended complaint filed Monday, July 27, in North Central District Court in Ward County, Jean Ann Nelson did not consent to Lutz serving as a donor. She consented to the use of anonymous donor sperm mixed with her husband's sperm after Lutz told her mixing donor sperm would make it more likely she would conceive but that the child would most likely be her husband's biological child. The representation that mixing donor sperm increases the likelihood a subfertile husband would achieve fertilization is generally inconsistent with basic principles of sperm competition and reproductive biology, the complaint noted.
"Dr. Lutz's conduct was not a mistake or a misunderstanding. It required deliberate deception, concealment and abuse of medical authority," the complaint stated.
Nelson became pregnant three times, of which the first miscarried and second two pregnancies resulted in the births of her daughters in 1985 and 1986. The plaintiffs discovered through DNA testing that Lutz is the biological father of the daughters. The lawsuit states DNA testing has revealed additional individuals identified as potential half-siblings, suggesting additional conceptions involving Lutz's genetic material may have occurred.
"This case is about patient consent, reproductive autonomy, medical trust, and the right of children to know the truth about their genetic identity and medical history. The allegations involve the alleged misuse of reproductive material by a physician in one of the most intimate and vulnerable medical settings," said Kellen Bubach with Maring Williams Law Office, Fargo, attorney for the plaintiffs. "The Nelson family is coming forward because they are appalled by the alleged conduct, want accountability, and are concerned that other patients or families may have been affected. Anyone with relevant information is encouraged to contact our office."
The lawsuit seeks a jury trial.