Indiana Court of Appeals sends fertility doctor deception case back to the lower courts
Indiana's Court of Appeals will decide next steps for a woman who seeks to sue a former fertility doctor who was later found to have secretly used his own semen to impregnate her mother. (Courtesy of state of Indiana)
An Indiana woman who wants to sue the doctor who allegedly used his own sperm to inseminate her mother won an appellate ruling last week.
The Indiana Court of Appeals on May 15 granted the woman's wishes to allow the case to move forward at the local level. The court ruled that the issue of whether the woman – referred to as 'anonymous child' – filed her claim within the two-year statute of limitations period is an issue to be resolved by a jury.
'We find that a genuine issue of material fact exists as to when Child learned of facts that would have led a person of reasonable diligence to have discovered the malpractice,' Judge Elaine Brown wrote.
Opposing counsel contended during oral arguments that the woman was aware of the physician's role as her parents' fertility doctor prior to the birth of her own daughter in 2019. They said the statute of limitations for the woman's claims should have commenced no later than the end of 2021.
But the woman argued she didn't know the doctor used his semen in cases where semen was already provided — as her mother and father had.
When that news hit the media, she ordered a DNA testing kit in 2022 and filed suit shortly thereafter.
The woman was born in 1985. She learned of her biological father, referred to as the 'anonymous physician', following her viewing of the trailer for the 2022 Netflix documentary 'Our Father'.
The Netflix documentary revealed the medical malpractice case of Dr. Donald Cline, former Indianapolis fertility specialist, who admitted in 2017 to using his own sperm to inseminate patients without their knowledge during the 1970s and 1980s. Although Cline is referred to as 'anonymous physician' in the legal proceedings, attorneys discussed the documentary in arguments.
The woman preferred to keep her identity hidden 'because her father – does not know that he is not her father.'
In July 2022, shortly after receiving her DNA test, the woman filed an anonymous complaint for damages against Cline and an anonymous health care group.
The case will now proceed before the local trial court, and could ultimately be decided by a jury.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
33 minutes ago
- Yahoo
Why young men seek community in the ‘manosphere'
'Adolescence,' Netflix's hit mini-series about a young man who commits a horrific act of violence after engaging with incel ideology online, brightened the media spotlight on the 'manosphere.' The manosphere — a web of online communities, podcasts and influencers that promote conversations about modern masculinity but often misogyny, as well — was already on the minds of many parents and researchers, but the show put the debate around it into hyperdrive. Some, including the prime minister of the United Kingdom, praised the show for making it clear that the manosphere is leading boys and young men to dangerous places. But others felt the show overplayed the potential for violence and overlooked how many people engage with manosphere content just for fun. Researchers that spoke with the Deseret News about the state of the manosphere agreed that the situation is more nuanced than is often discussed. For one thing, it should be acknowledged that boys and young men who are engaging with this content are often trying to solve a very real problem: the lack of spaces where they are free to discuss their fears, said Daniel Cox, director of the Survey Center on American Life. 'You have podcasters and influencers who are talking to young men and talking about the problems that they have, the experiences that they can relate to,' Cox explained. 'And there's just so few other places they can have this kind of freewheeling, engaged conversations and feel like they're part of something.' That's one reason why Cox and other experts recommend entering into conversations with young people about the manosphere without judgment. Your goal should not be demonizing this online space, but instead seeking understanding. 'The first thing I often say to parents is listen to your young people, be prepared to listen,' said Craig Haslop, a senior lecturer at University of Liverpool who has done research on the manosphere. Research shows that young boys and men are struggling now more than ever before. According to The New York Times, girls now outperform boys in reading tests and achieve higher GPAs at school, while boys are 'more likely to be suspended.' Girls are also more likely to graduate from high school than boys and 'outnumber men in college enrollment.' As boys transition into adulthood, they're delaying important and traditional milestones. This trend is present among young women, too, but young men typically feel it more acutely. According to The New York Times, 19% of men between 25 and 34 live with their parents, in comparison to 13% of women. Men are also slightly more likely to be single — 39% of men are single compared to 36% of women, Pew Research Center found in 2021. Men are also facing new challenges in the workforce. As The New York Times pointed out, 'many of the jobs that mostly men did, like manual labor, have disappeared in the United States.' 'Of men ages 25 to 54, 89% are in the labor force, down from 94% in 1975. Of women that age, 78% are in the labor force, up from 55% in 1975,' the article noted. To put it simply, young boys and men are falling behind and unsure of how to catch up. According to Cox, many manosphere influencers have zeroed in on these issues and provided one of the few spaces where boys can commiserate about their problems. 'I think, to be fair, a lot of these podcasters are probably accurate in identifying some of the challenges that young men are facing,' he said. 'Whether it's economic challenges of the system (and) the fact that, in politics, the system is not responsive to the concerns that many young men have.' Most boys and young men likely aren't initially interested in the misogynistic ideas that circulate in the manosphere, Cox added. They're just looking for examples of how to be men in modern society and for solutions to their struggles. 'I think, something that those folks tend to do is speak very clearly about gender roles and articulate a clear vision of masculinity,' Cox said. 'And even if much of what they're articulating is not achievable or problematic, it is a clear roadmap.' Manosphere influencers, like Andrew Tate, offer advice about the very real concerns on young men's minds, including how to do better at school, how to get dates and how to make more money. But according to Haslop, this advice can drive a wedge between young men and young women. Manosphere influencers 'will reiterate what might seem like innocuous stereotypes, but (that) actually do undermine women,' he said. Listeners or readers may not realize they're becoming more hostile toward women because the content they're consuming seems to fit their experiences, Cox said. They often observe their female counterparts, especially in school, 'getting better grades, getting into better schools, getting awards, getting all the attention. And they're like, wait a second, the story that I'm being told about gender inequality and gender disparity, that's not what I'm seeing in my own life experience,' he said. But this discussion of these trends becomes problematic when it pushes young men into a victim mindset instead of encouraging them to form meaningful connections and try new things. 'It's about you getting what you deserve. It's not about service or not about sacrifice. It's only about how you're feeling and validating your feelings and emotions,' Cox said. Users may end up angry and withdrawn from the world, a trend that stands to deepen the male loneliness epidemic. 'These guys who fall down the manosphere rabbit hole ... are unable to forge and develop the kind of relationships that could help them avoid some of the more toxic lessons that the manosphere is teaching,' Cox said. Harriet Over, a professor at University of York and co-author of 'What do we need to know about the manosphere and young people's mental health?,' also worries about the manosphere's potential influence on mental health. 'Some influencers claim that 'depression isn't real' and that successful men can't get depressed,' she wrote in an email. 'The risk is that engaging with this type of content will discourage young men from seeking out valuable sources of support.' According to Over, there are a few warning signs that parents can look out for if they're worried about their child's relationship with manosphere content. 'One possibility is that children may start to express views they haven't spoken about before,' she said. 'For example ... some influencers are advocating for women to lose the vote.' Over also recommends keeping an ear out for any incel terminology, like 'black pill' or 'red pill.' But both Over and Haslop recommend listening without judgment. 'From our research, one of these we really recommended is to avoid demonizing those influences like Tate,' Haslop said, since criticism can reinforce the narrative that these creators are being targeted for unfair attacks. Instead, Haslop recommends that parents teach their children 'good, critical digital literacy' and encourage them to fact-check and assess information they come across in the manosphere — especially misogynistic or racist content. Over recommends a similar approach. 'Encourage them to think critically about what they view,' she said. Over suggested asking your children these questions: Can you think of counter examples to what the influencers are saying? What do you think the influencers' motivations are in saying things like that? How do you think hearing disrespectful or unkind content makes other people feel? Both Cox and Haslop said young boys and men need spaces to express their feelings and talk about their issues without judgement. 'I think it's definitely one of the issues we've got in society is men not being able to feel they can talk about stuff, being open, being vulnerable,' Haslop said. As Cox pointed out, there's plenty of 'upside(s) for female-only places,' while similar male spaces have 'come under critique.' 'The locker room can ... be a place where young men are kind of feeling out the ways for them to engage with each other,' Cox said. What we need, Haslop said, is for any environment where young men gather — school, sports, etc. — to encourage boys to be vulnerable with each other, talk about their issues and dismantle negative gender stereotypes. Families should have these discussions, too. While we should be worried about boys and young men who feel lost today, this is hardly the first time that experts are wringing their hands over a masculinity crisis, Haslop said. What's new is that digital spaces, including social media sites and podcast feeds, make it possible for problematic responses to today's crisis to spread like wildfire. Moving forward, Cox said he'll be watching for what the rise of the manosphere means for young men's relationships, particularly with young women. As more young boys and men are being drawn into the manosphere, more young women are expressing their aversion for manosphere ideology and the men who promote it. 'I am interested in where this is going,' Cox said. 'Where does it all end, societally? ... Where do we go from here?'
Yahoo
an hour ago
- Yahoo
Milwaukee killer Maxwell Anderson played Netflix series with mutilation the night he killed Sade Robinson, juror says
The jury that convicted 34-year-old Maxwell Anderson June 6 in the killing and dismemberment of 19-year-old Sade Robinson took less than an hour to render a decision and were informed of new evidence once the trial concluded. "Everyone agreed pretty early on in the morning that he was guilty," juror Melissa Blascoe said. Most of the short time in the jury room was spent looking meticulously at the law to decide whether to convict him of first-degree intentional homicide or first-degree reckless homicide, she said. Anderson was found guilty on all counts: intentional homicide, mutilating a corpse, hiding a corpse and arson. Blascoe, a 33-year-old social worker, said it was revealed in post-trial meeting with the prosecution that on the night of Robinson's murder, Anderson turned on the Netflix series "Love, Death & Robots" while Robinson was inside the home. During the final episode of volume two of the animated series, a corpse is dismembered on a beach. The prosecution believes Anderson dismembered Robinson on a small beach at Warnimont Park in Cudahy. "I was like, oh, ... that's disgusting because that could have been where he got some of his ideas or fantasies," Blascoe said. A "turning point" in the case for Blascoe was the last day of testimony, June 5, when jurors were shown disturbing and graphic images of Robinson inside Anderson's home that were deleted from the phone. "That was pretty damning evidence that shook everyone," she said. "I physically felt like I was gonna throw up at that point. I know a lot of people were shaking and crying." Blascoe said it was the turning point for her because "that was really the first time they put Sade at his house and we could physically see that. It put the nail in his coffin, so to say." Blascoe described how before that moment the prosecution team, led by Assistant District Attorney Ian Vance-Curzan, were showing jurors grainy or darkened footage in the early morning hours that didn't clearly show Anderson driving Robinson's car before torching it outside an abandoned home on the city's north side. "There was just a lot of video footage and a lot of it didn't make sense because he was just making circles around the city and probably just kind of panicking," Blascoe said. Blascoe felt the prosecution did their job of proving intent to kill Robinson, noting a graphic photo of Anderson holding Robinson's right breast as she lay incapacitated. Robinson's right breast is among her body parts that haven't been recovered. "This is his trophy in a way," Blascoe said of Anderson. "Those pictures will be in my mind for quite some time." As Blascoe sat in the courtroom for two weeks after being called for jury duty, which was the case for 14 other people, she was vaguely familiar with the case after seeing it in the news in April 2024, but hadn't followed it closely since then. She didn't think she was going to be picked after revealing during jury selection that she previously worked for Child Protective Services and dealt with Children's Court often. Blascoe said jurors grew anxious after hearing the extreme nature of the crime. "I don't think anyone was ready to see the defendant at the table," she said. There was way more agreement than dissent amongst the jury for the 45 minutes they discussed the case, she said. It was mainly following the jury instructions and the law, Blascoe said, adding that everyone got a chance to speak and ask questions. "I feel I can walk away with a clean conscience," she added. "If anything, I'm walking away from this experience just knowing that there's good humans out there." In addition to meeting with Judge Laura Crivello after the trial, the jurors also met the prosecution and defense teams where evidence was discussed that wasn't presented at trial. As the jurors departed the post-trial meetings, they didn't receive a definite answer on why Anderson killed Robinson. "It was like speculative," Blascoe said. "Obviously, there was some planning that went into this." Anderson will be sentenced Aug. 15. He faces a mandatory life sentence, but part of that could be extended supervision. Crivello will make the final decision. The Journal Sentinel also reached out to several other jurors and have not yet heard back. This article originally appeared on Milwaukee Journal Sentinel: Maxwell Anderson played Netflix show the night he killed Sade Robinson
Yahoo
2 hours ago
- Yahoo
Milwaukee killer Maxwell Anderson played Netflix series with mutilation the night he killed Sade Robinson, juror says
The jury that convicted 34-year-old Maxwell Anderson June 6 in the killing and dismemberment of 19-year-old Sade Robinson took less than an hour to render a decision and were informed of new evidence once the trial concluded. "Everyone agreed pretty early on in the morning that he was guilty," juror Melissa Blascoe said. Most of the short time in the jury room was spent looking meticulously at the law to decide whether to convict him of first-degree intentional homicide or first-degree reckless homicide, she said. Anderson was found guilty on all counts: intentional homicide, mutilating a corpse, hiding a corpse and arson. Blascoe, a 33-year-old social worker, said it was revealed in post-trial meeting with the prosecution that on the night of Robinson's murder, Anderson turned on the Netflix series "Love, Death & Robots" while Robinson was inside the home. During the final episode of volume two of the animated series, a corpse is dismembered on a beach. The prosecution believes Anderson dismembered Robinson on a small beach at Warnimont Park in Cudahy. "I was like, oh, ... that's disgusting because that could have been where he got some of his ideas or fantasies," Blascoe said. A "turning point" in the case for Blascoe was the last day of testimony, June 5, when jurors were shown disturbing and graphic images of Robinson inside Anderson's home that were deleted from the phone. "That was pretty damning evidence that shook everyone," she said. "I physically felt like I was gonna throw up at that point. I know a lot of people were shaking and crying." Blascoe said it was the turning point for her because "that was really the first time they put Sade at his house and we could physically see that. It put the nail in his coffin, so to say." Blascoe described how before that moment the prosecution team, led by Assistant District Attorney Ian Vance-Curzan, were showing jurors grainy or darkened footage in the early morning hours that didn't clearly show Anderson driving Robinson's car before torching it outside an abandoned home on the city's north side. "There was just a lot of video footage and a lot of it didn't make sense because he was just making circles around the city and probably just kind of panicking," Blascoe said. Blascoe felt the prosecution did their job of proving intent to kill Robinson, noting a graphic photo of Anderson holding Robinson's right breast as she lay incapacitated. Robinson's right breast is among her body parts that haven't been recovered. "This is his trophy in a way," Blascoe said of Anderson. "Those pictures will be in my mind for quite some time." As Blascoe sat in the courtroom for two weeks after being called for jury duty, which was the case for 14 other people, she was vaguely familiar with the case after seeing it in the news in April 2024, but hadn't followed it closely since then. She didn't think she was going to be picked after revealing during jury selection that she previously worked for Child Protective Services and dealt with Children's Court often. Blascoe said jurors grew anxious after hearing the extreme nature of the crime. "I don't think anyone was ready to see the defendant at the table," she said. There was way more agreement than dissent amongst the jury for the 45 minutes they discussed the case, she said. It was mainly following the jury instructions and the law, Blascoe said, adding that everyone got a chance to speak and ask questions. "I feel I can walk away with a clean conscience," she added. "If anything, I'm walking away from this experience just knowing that there's good humans out there." In addition to meeting with Judge Laura Crivello after the trial, the jurors also met the prosecution and defense teams where evidence was discussed that wasn't presented at trial. As the jurors departed the post-trial meetings, they didn't receive a definite answer on why Anderson killed Robinson. "It was like speculative," Blascoe said. "Obviously, there was some planning that went into this." Anderson will be sentenced Aug. 15. He faces a mandatory life sentence, but part of that could be extended supervision. Crivello will make the final decision. The Journal Sentinel also reached out to several other jurors and have not yet heard back. This article originally appeared on Milwaukee Journal Sentinel: Maxwell Anderson played Netflix show the night he killed Sade Robinson
