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http://www.dailysouthtown.com/southt...ews/241nd2.htm

Sperm theft civil lawsuit reinstated

Court: Woman can be held liable after she inseminated herself after a tryst

Thursday, February 24, 2005

<!BYLINE!>By Chris Hack<!BYLINE!>

Staff writer<ENDCREDIT><NOBR> <HR noShade SIZE=1></NOBR>A south suburban doctor accused of secretly stealing her illicit lover's sperm to inseminate herself can be held liable for inflicting emotional damage on the unwitting father of her child, an appeals court ruled Wednesday.

The ruling from a three-judge panel of the Illinois Appellate Court reinstated part of a lawsuit brought by Chicago physician Richard Phillips against fellow doctor Sharon Irons of Olympia Fields. The lawsuit accused Irons of perpetrating a "calculated, profound personal betrayal" of Phillips after a brief tryst they had six years ago.

When Irons and Phillips started dating in early 1999, Irons claimed she was recently divorced, according to court papers. The pair quickly got engaged and even talked about having children — but both agreed they would marry first.

The pair allegedly never had sexual intercourse during the four-month affair, but did engage in oral sex three times. The lawsuit claimed that after one of those encounters, Irons kept some of Phillips' semen without his knowledge and later used it to impregnate herself.

Soon afterward, the relationship ended when Phillips found out that Irons was still married to her husband, who is also a doctor, according to the appellate ruling. But nearly two years later, Phillips was slapped with a paternity lawsuit, alleging he was responsible for the child Irons delivered after their "sexual relationship" nine months earlier. Court records show DNA tests have since proved Phillips is indeed the father.

Phillips responded with his own civil lawsuit, essentially charging that Irons used his sperm without permission and intentionally hurt him. Phillips claimed that in the aftermath of the fatherhood revelation and paternity lawsuit, he's had trouble eating and sleeping, and is constantly haunted by "feelings of being trapped in a nightmare," according to court papers.

The family practitioner claimed those feelings are only worsened when he treats children the same age as the child he unknowingly fathered.

In her response to the lawsuit, Irons doesn't address the events that led to her pregnancy, but insisted the alleged sperm filch wasn't "truly extreme and outrageous" under the law, and that the pain it caused Phillips wasn't severe enough to merit a lawsuit. A Cook County Circuit Court judge agreed and dismissed Phillips' lawsuit in 2003.

But the higher court disagreed, ruling that if Phillips' story is true, then Irons "deceitfully engaged in sexual acts, which no reasonable person would expect could result in pregnancy, to use plaintiff's sperm in an unorthodox, unanticipated manner yielding extreme consequences."

"Under these facts," the court wrote, "it is cognizable that if an average member of the parties' community were told of these circumstances, a reasonable response would be, 'Outrageous!' "

Neither Irons nor Phillips could be reached Wednesday for comment. The appellate court sent back to circuit court the portion of Phillips' lawsuit claiming he was the victim of emotional distress.

But the appellate judges agreed that other parts of the lawsuit should be tossed out: A claim in the lawsuit that Irons committed fraud was dismissed as a ploy to bring allegations reserved for bogus financial deals into the case.

They also rejected an attempt to sue Irons for stealing the sperm, concluding that her lawyers correctly noted in court filings that Phillips had never asked for it back.

"She asserts that when plaintiff 'delivered' his sperm, it was a gift — an absolute and irrevocable transfer of title to property from a donor to a donee," the decision stated. "There was no agreement that the original deposit would be returned upon request." Chris Hack may be reached at chack@dailysouthtown.com or (708) 633-5984.

 
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LOL! Did the guy think it strange when she 'spit' into a turkey baster?
j/k!!

 
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OMG your bad!!!!!!!!! hahahaahah now, this is funny!!!!

I know I missed you!






Originally Posted by KittySkyfish

LOL! Did the guy think it strange when she 'spit' into a turkey baster?
j/k!!



 
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Originally Posted by KittySkyfish "She asserts that when plaintiff 'delivered' his sperm, it was a gift " Happy Birthday!!!!
LOL
 

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