fertility doctor for her parents, Howard Fowler and Sally Ashby, now divorced, the lawsuit says.
After discovering the relationship, the three filed a lawsuit in U.S. District Court in Pocatello, ID, on March 30. It titles Mortimer and his wife as well as Obstetrics and Gynecology Associates of Idaho Falls. Rowlette, Ashby, and Fowler all live in Eastern Washington. Mortimer and his wife live in Bonneville County, ID, according to the lawsuit.
The suit says Rowlette hadn’t understood that her parents had had difficulty conceiving before her arrival. In 1980, the couple hunted Mortimer’s help and resided in Idaho Falls. He recommended that they use both Fowler’s semen from an anonymous donor for a better prospect of conception. He explained they could pick a donor. The sperm combination would be 15% by an anonymous donor and 85% Fowler’s, the lawsuit states.
The couple paid the fees agreed, and gave specifications to its donor — a school student who resembled Fowler and had been 6 ft tall. He also used his own sperm to impregnate Ashby in late summer 1980, the suit says, although the doctor stated he had found a donor who matched the description
Mortimer delivered his own child, never telling the couple about the source of the semen, the lawsuit states. Ashby found out just once Rowlette shared the Ancestry.com results. She in turn told her ex-husband.
Until they made a decision to proceed to Washington, Mortimer stayed their doctor for years. Ashby tell him they were moving, according to the suit, he cried.
Mortimer did not return a request for remark. A spokesperson at the Idaho Falls clinic where Mortimer worked read a statement in Michael Wheiler, an attorney representing the clinic: “Not one of the healthcare providers currently at Obstetrics and Gynecology Associates of Idaho Falls were part of their practice in 1979-1980, and they diligently strive to provide care to their patients in compliance with all the standards of healthcare practice.”
The lawsuit claims her parents and Rowlette are asking over $75,000 plus charges, attorney fees, and interest rates.
“Since discovering Dr. Mortimer’s action, Ms. Ashby, Mr. Fowler and Mrs. Rowlette have been suffering immeasurably,” it states.