Missouri Court of Appeals, Eastern District / Sep 26, 2023
C.H., and S.S., Appellants, v. Infertility Center of Saint Louis, et al., Respondents.
C.H. and S.S. sued Dr. Sherman J. Silber and St. Luke's Infertility Center for medical malpractice, alleging negligent failure to inform C.H. of his 2010 sperm motility test result, which led them to believe the child conceived via IVF was genetically C.H.'s. The trial court granted summary judgment for the defendants, finding the claims time-barred. On appeal, the Eastern District affirmed, concluding that even if the claims were timely under a statutory exception, the uncontroverted facts negated the causation element of the damages claim, as C.H. had multiple opportunities to realize the sperm used was not his.