In Cook County, two otherwise respected members of the medical field have gone after each other with gusto.
Internal Medicine Doctor Sharon Irons slapped a paternity suit on family physician Richard Phillips nearly two years after the break up of a four month affair. She'd claimed to be divorced and was not.
He claims the couple never had intercourse, only oral sex. Phillips alleges that Irons, without his knowledge, kept some of his semen and used it to impregnate herself.
Irons won in lower court when she said her alleged actions weren't "truly extreme and outrageous" and that Phillips' pain wasn't bad enough to merit a lawsuit.
But a higher court ruled that if Phillips' story is true, 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."
The judges did agree with the lower court's decision to dismiss fraud and theft claims against Irons.
They agreed with Irons' lawyers that she didn't steal the sperm.
"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 said. "There was no agreement that the original deposit would be returned upon request."
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