Pressil does not describe how the woman got his sperm without his consent or knowledge, but apparently does not contest that it was indeed his sperm. "Plaintiff, Joe Pressil ('Pressil'), suffered mental and economic injuries when defendants obtained his sperm without his consent or knowledge and in vitro fertilized a woman purporting to be his wife when she, in fact, was not," the complaint states. Pressil says that in February 2011 he found a receipt from Omni-Med for the cryopreservation of a sperm sample. The complaint does not state where he found the 3-to-4-year-old receipt. "Pressil was listed as the 'patient' on the receipt even though he had never been to Omni-Med nor ever sought treatment for male infertility," the complaint states. "Pressil immediately called Omni-Med and was referred to Advanced Fertility, the clinic who ordered the cryopreservation. Likewise, Pressil had never been a patient at Advanced Fertility."... "Advanced Fertility told Pressil they obtained his sperm sample from a woman purporting to be his wife, even though Pressil was not married, and in 2007 performed in vitro fertilization which resulted in the birth of twins. Advanced Fertility impregnated the woman with Pressil's sperm without his knowledge, much less his consent. Advanced Fertility's website 'strongly encourages' both partners to take part in an initial consultation, though Pressil was never consulted. Pressil first discovered his children were born through in vitro fertilization in February of 2011."Joe is suing the fertility clinic -- which shockingly continues to keep his "cyropreservered sperm sample" without his consent -- for negligence, conversion (of his sperm), conspiracy and violations of the Texas Theft Liability Act. He also wants the clinic to recompense him for "loss of opportunity", all of the monies he's paid in child support in the past and is expected to pay in the future and all costs associated with raising two children. Sidebar: We have a feeling he knew this woman and that's how he found out he fathered her children and she, like a chicken head does, had the audacity to then go after him for child support. Spiteful and disgraceful, indeed! But the bigger question is, however, why isn't he suing the woman, who presumably stole his sperm from a condom after they did they do? Maybe that will be an argument Advanced Fertility Center and Omni-Med Laboratories will bring up in their defense or, perhaps, Joe is planning to sue her down the line. Who knows. There's just so many facts that are unknown.
source: Courthouse News
UPDATE: Here are some additional details. Joe is 36 years old. The woman is an ex-girlfriend, who told him she couldn't have kids. And as we suspected, a condom had something to do with it. Joe says his triflin' ex-girlfriend told him she needed him to use a special sort of condom during sex. He tells KPRC: "...Usually, a male would discard their own property, but she would always take the condom and she would run off out of the room and I just didn't think anything of it. And I didn't think that anyone could use a condom and bring it to a clinic to get an in vitro." The clinic's attorney called the lawsuit "suspect" and "disingenuous." We agree. Here's some fact not included in Joe's lawsuit: Joe had blood work performed and submitted to the clinic around the same time as the in vitro procedure. He also said the clinic has signed consent forms and information sheets from him. The clinic said some men don't like visiting fertility clinics, so some samples are delivered to the clinic without the man being there and, in this case, the specimen arrived in a cup that was sealed in a bag. The clinic's attorney also said that numerous procedures, including the successful in vitro fertilization which resulted in Joe's twin boys (who were born three months AFTER they broke up), were all billed to Joe's health insurance and his credit card. (Joe says he allowed his then-girlfriend to sign onto his health insurance as 'domestic partners' when they were dating, but he said he thought his insurance was being billed for treatment of the fibroid condition.) BTW: Joe is NOT suing the ex-girlfriend. Things that make go, hmmmmmm. Oh, wait! The woman says Joe (pictured, below) willing and knowingly agreed to the in vitro procedure and consented to her talking his sperm, he's just suing the medical facilities to avoid paying child support; She's willing to testify in court for the clinics. So, that, boys and girls, is why he's NOT suing her.