A Long Island, N.Y., man filed a suit Nov. 21 that alleges a Houston fertility clinic “obtained” his sperm without his consent or knowledge and performed in vitro fertilization in 2007 on a woman “purporting to be his wife when she, in fact, was not.” The in vitro fertilization resulted in the birth of twins, Joe Pressil alleges in a petition in Pressil v. Advanced Fertility CTR-Texas, et al., filed in the 157th District Court in Harris County. Pressil alleges he’s suffered mental and economic injuries as a result of the actions of Advanced Fertility CTR-Texas and Omni-Med Laboratories LLC. He lists the addresses of both as being on the Katy Freeway in far west Houston. In February, Pressill alleges, he “found” a receipt from Omni-Med for cryopreservation of a sperm sample, “even though he had never been to Omni-Med nor ever sought treatment for male infertility” or been a patient at Advanced Fertility. He alleges in the petition that he contacted Omni-Med and was referred to Advanced Fertility, where he learned that Advanced Fertility had obtained his sperm sample from a woman purporting to be his wife and had performed the in vitro fertilization on her in 2007. “Advanced Fertility impregnated the woman with Pressil’s sperm without his knowledge, much less his consent,” Pressil alleges in the petition. He alleges in the petition that Omni-Med continues to keep his frozen sperm sample without his consent. Pressil’s attorney, Jason Gibson of The Gibson Law Firm of Houston, says Pressil loves his twin sons and provides for them but was shocked to learn in February that they were conceived through in vitro fertilization. Pressil does not identify the woman in the petition. Pressil brings negligence, conversion, Texas Theft Liability Act, conspiracy and respondeat superior causes of action against the defendants. He seeks unspecified actual and punitive damages, interest and costs. A message left for the office administrator at Advanced Fertility was not immediately returned. The registered agent listed in the petition for Omni-Med, Lisa Benjamani, was reached at the telephone number for Advanced Fertility. She declined comment on the relationship between Advanced Fertility and Omni-Med. She said she would have a lawyer call back with comment, but that did not occur before presstime. A LinkedIn listing for Lisa Benjamini of Houston identifies her as chief executive officer of Advanced Fertility and Omni-Med.
-- Brenda Sapino Jeffreys