As featured in the Spokesman-Review, Sharon Hayes, a client of GLP Attorneys’ RJ Ermola, is suing a now-retired Spokane obstetrician-gynecologist, David Claypool for medical negligence and medical battery. This case proceeds at a time when critical protections for patients of fertility and assisted reproduction providers are slowly becoming law, with the latest being Washington’s HB 1300.
The Case of Sharon Hayes
In the late 1980s, Sharon Hayes and her husband sought out Doctor David Claypool for assistance with fertility treatments and to pick a sperm donor. Sharon Hayes was looking for a donor with similar characteristics to her husband and a donor without genetic and medical conditions.
Sharon’s daughter, Briana, was a survivor of childhood cancer, diagnosed with Epstein-Barr virus, developmental hip dysplasia, and a variety of other medical conditions. This propelled her into wanting to learn more about her genetic history, eventually discovering that David Claypool was her biological father. David Claypool artificially inseminated Sharon with his sperm without her consent and charged her an additional $100 which he claimed was going to “third-party sperm donations.”
Washington State’s fertility legislation is bare boned and requires better legislation to protect patients against violations of trust with a medical doctor. Fortunately, there is a new bill which will seek to protect patients like Sharon.
Assisted Reproduction Bill HB 1300
As we reported previously, the Washington State Senate passed House Bill 1300 on February 27, 2024. The bill would expand and codify protections for individuals and families from fraudulent, deceptive, and malicious practices in assisted reproduction procedures.
This bill gives hope to people like Sharon and Brianna who were taken advantage of by medical practitioners.
“Patients rely on their doctors for their health, and the bond between a woman and her OB-GYN in the case of infertility is very delicate,” said RJ Ermola, attorney for Sharon Hayes. “Any doctor that blatantly and terribly neglects to give their fertility patients the care needed or betrays their trust for incomprehensible reasons will now be held accountable in the State of Washington when the Governor signs the bill. I am proud of our legislators for prioritizing WA HB 1300 this session.”