POCATELLO, Idaho (KIFI/KIDK) — When Sally Ashby and her husband were having trouble getting pregnant, they consulted Dr. Gerald Mortimer. He allegedly told the couple he was inseminating Ashby with semen from an anonymous donor.
And it wasn't until her daughter, now in her 30s, went on Ancestry.com, only to find out that Dr. Mortimer could be her father.
The family is now suing the doctor in Idaho District Court.
The case is complicated for several reasons.
One being malpractice claims can only be brought up by the patient and Kelli Rowlette, who was allegedly conceived with Mortimer's semen, isn't considered a patient due to the fact that she was not yet born when the incident occurred.
Another major issue is the statute of limitations which the defense argues has long since expired on many of the claims.
Rowlette's attorney, however, argues that the statute only starts when the wrongdoing is found, in this case, that is 2017.
The defense is looking for a complete dismissal, and Mortimer has denied any wrongdoing.
U.S. District Judge David Nye plans to render a decision within the next 30 days.