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The doctor at the center of a Minot fertility lawsuit is denying allegations of breach in duty and violation of medical ethics.
Dr. Dennis Lutz is seeking dismissal of a lawsuit brought by Jean Ann Nelson and her two daughters, alleging he substituted his genetic material in his former Minot fertility practice without patient consent, leading to the birth of the daughters in 1985 and 1986. The plaintiffs discovered through DNA testing that Lutz is the biological father of the daughters.
In his filed response to the lawsuit, Lutz admits he provided genetic material as an anonymous donor and that he did so with clear communication and Nelson's consent that the donor would remain anonymous and she would not seek the identification.
Nelson, of Morton County, and her daughters Tasheena Greaves of Divide County and Jane Nelson Raymond of Salt Lake County, Utah, filed a lawsuit July 27 on grounds of fraud, medical battery, breach of fiduciary duty, intentional infliction of emotional distress and negligence.
Lutz, who had practiced in Minot for a number of years, had been serving as chair of OB-GYN department of the University of North Dakota School of Medicine & Health Sciences. The school announced it removed Lutz from the position, effective July 28.
Also, on July 28, the university began the process under Board of Higher Education policy for terminating his employment. The process began with informing Lutz of the intent to terminate, which opens a 20-day period in which he can appeal to a faculty rights committee before the university makes a formal decision.
In the complaint, Nelson stated she did not consent to Lutz serving as the donor. She said 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.
Lutz denies he made that representation, arguing he obtained proper informed consent for the insemination procedures and use of anonymous donor sperm. He asserted that all representations made to the patient during the course of care aligned with the relevant standard of care and state of fertility medicine at the time.
His court response stated, "In all medical care or treatment provided to Plaintiff Jean Ann Nelson, he exercised the degree of skill and care ordinarily possessed and exercised by healthcare providers in good standing in similar communities under similar circumstances in the 1980s at the time of care."
The lawsuit seeks damages in excess of $50,000 and other unspecified relief, including exemplary damages. Lutz is asking in his dismissal request that he be awarded costs and other relief that the court finds appropriate.