Dr. Merle Berger, a retired fertility doctor from Boston, is being sued by a former patient, Sarah Depoian, who claims he secretly impregnated her with his sperm over 40 years ago. The lawsuit was filed after Depoian’s daughter, Carolyn Bester, had a DNA test and discovered that Berger was her biological father.
Sarah Depoian, a Maine resident, allegedly sought fertility services from Dr. Merle Berger, a co-founder of Boston IVF and former Harvard Medical School professor, in 1980. Berger told Depoian that the insemination procedure would use sperm from an anonymous medical resident who resembled her husband, according to the lawsuit. However, Berger is accused of using his sperm without informing Depoian, who claims she would not have consented if she had known.
Carolyn Bester, Depoian’s daughter, made the shocking allegations after purchasing DNA kits from Ancestry.com and 23andMe. Carolyn claimed that the results revealed a family connection to Berger’s granddaughter and second cousin. Bester later claimed that Berger, who retired in 2020, was her biological father after further investigation.
According to the lawsuit, Dr. Merle Berger did not deny being Carolyn Bester’s biological father.
According to the lawsuit, when Depoian confronted Dr. Merle Berger, he did not deny being Carolyn Bester’s biological father. Carolyn also mentioned it and stated,
“To say I was shocked when I figured this out would be an extreme understatement.”
Depoian also shared a statement in which she said, “We fully trusted Dr. Berger. He was a medical professional, it’s hard to imagine not trusting your own doctor. We never dreamt he would abuse his position of trust and perpetrate this extreme violation.”
Dr Merle Berger’s lawyer also released a statement which said that the allegations have “no legal or factual merit.”
“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.
The statement further mentioned that the allegations concern events from over 40 years ago.
“At a time before sperm banks and IVF, it was dramatically different from modern-day fertility treatment. The allegations, which have changed repeatedly in the six months since the plaintiff’s attorney first contacted Dr. Berger, have no legal or factual merit, and will be disproven in court.”
The statement also highlighted the vastly different landscape of fertility treatment at the time, emphasizing the lack of sperm banks and the early days of artificial insemination.
Meanwhile, during a virtual press conference, Depoian’s lawyer, Adam Wolf, condemned Berger’s actions, calling them “heinous and intentional misconduct.” Wolf also emphasized the alleged acts’ unethical and illegal nature.