Kent Winingham’s Court of Appeals Oral Argument on Infamous Malpractice Case

Wilson Kehoe Winingham is proud to represent a victim of a staggering case of medical malpractice. When the defendant doctor treated the victim’s parents for fertility issues in 1985, he was supposed to use sperm from the victim’s father for insemination. However, genetic testing revealed the fertility doctor to be the biological father of the victim.

In 2019, news sources reported the doctor was accused of using his own sperm to inseminate patients instead of third-party donor sperm. At that time, accusations did not include cases where a spouse provided sperm for insemination. However, a 2022 documentary revealed the doctor also used his own sperm in cases where the patient’s spouse supplied sperm.

The victim underwent genetic testing confirming the doctor as her biological father, and subsequently filed suit. The defendants claimed the action was barred by the statute of limitations. The trial court granted the defendants’ motion for summary judgment.

The victim is now appealing this decision. The Indiana Trial Lawyers Association has submitted an amicus curiae brief (a third-party statement as a “friend of the court”) supporting the victim’s appeal.

Watch Court of Appeals WKW oral argument

Related Resource
Medical Malpractice Myths and Facts

Share This Article