Artificial Insemination Mix-up: Family Sues Hospital After Finding Out Daughter Had Different Father

The family of John "Mike" Harvey plans to sue IUF Center at the Akron City Hospital, now known as Summa Health System, for an artificial insemination mix-up nearly 30 years ago.

The lawsuit that Harvey's lawyer filed on February 2 stated that 30 years ago, the couple, Jeanine and John "Mike" Harvey, visited the IUF Center to seek help in conceiving a child. Jeanine Harvey said they wanted a genetically related child to both her and her husband.

The artificial insemination procedure that got botched 

The couple gave their consent to Dr. Nicholas J. Spirtos, the chief of the Division of Reproductive Endocrinology and Infertility and In Vitro Fertilization/Embryo Transfer at the time to perform an artificial insemination procedure.

The procedure preferred was intrauterine insemination (IUI), a fertility procedure that involved washing the sperm, concentrating it, and placing it on the patient's uterus when eggs are released.

However, Jeanine told Today that Spirtos did not use her husband's sperm but a stranger's, and the couple did not know about it. In 1992, Jeanine got pregnant, and their daughter, Jessica, was born. The couple was excited as girls were rare in the Harvey family.

In response to the issue, Mike Bernstein, System Director of Corporate Communications of Summa Health, said they are aware of the allegations and take them seriously. They admit that they have not met with the family or conducted an investigation on their own. They also look forward to working with the family to prioritize the next step.

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Shocking DNA discovery after 30 years

Jessica and the entire family never had an inkling that she was not Mike's biological daughter until she and her husband had a DNA test in the Christmas of 2020.

They initially thought about connecting with distant relatives in the countries they would be visiting. As a Christmas gift, Jessica's parents gave her Ancestry DNA kits. When they ran the test, "our lives have never been the same, and never will be," she said.

According to the CBS News, the lawsuit revealed that John was not Jessica's father and Jeanine had been impregnated with somebody else's sperm. Jeanine admitted that the DNA results resulted in a trauma they could never imagine.

"It has taken every ounce of power to remain strong for my family and myself as we try to move forward," Jeanine said. She added that no DNA test would change that Mike is her husband, and Jessica is their daughter.

However, the family said to Fox8 that they will hold Dr. Spirtos and Summa Health accountable for the unfortunate incident. 

Accountability of the fertility clinics

According to Harvey's lawyer, Adam Wolf, the family will be suing Dr. Spirtos and Summa Health Sytems for alleged "medical malpractice, lack of informed consent, multiple instances of negligence, failed safeguarding of genetic material, among others."

The lawsuit is the latest of the numerous high-profile allegations related to a mix-up on IVF (In Vitro Fertilization) and IUI that resulted in women being inseminated with the wrong sperm. The use of portable DNA tests like 23AndMe and AncestryDNA has revealed many of these assisted reproduction mix-ups.

Wolf said that fertility clinics have no comprehensive, meaningful federal oversight over this multi-billion-dollar industry.

The family said they are sharing their story to change how fertility clinics operate.

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