Former fertility doctor sued

PROVO — A fertility specialist serving a year in the Utah County Jail for sexual battery faces a civil lawsuit from another patient.

Larry Andrew, 44, who practiced in Springville, was sentenced in 4th District Court Nov. 27 to 360 days in jail on eight class A misdemeanors of sexual battery.

Criminal charges were filed against him after several female patients reported that during fertility procedures, Andrew touched them in sexual and inappropriate ways.

Bandi Olsen was not one of the women who were part of the criminal case but says in a civil suit that she suffered similar abuse. She initially contacted the Utah County Attorney's Office but decided not to pursue legal action — until she learned that Andrew still had a medical license.

"She indicated to me that she was shocked that he was still practicing while the case was pending," said Sonny Olsen, her husband, who is also serving as her attorney.

Only after the sentencing did the osteopathic licensing board of the Division of Occupational and Professional Licensing put Andrew's license on probation for five years. It also required that he take several courses on medical ethics and sexual boundaries and have another doctor present when he was with patients.

"The timing of the lawsuit is a little odd to me," said Andrew's attorney, Ken Brown. "All this information about Dr. Andrew is in the paper, (then) two years later she discovers that she's been injured by him. That seems a bit odd and coincidental."

Andrew, who is almost two months into his sentence in the Utah County Jail, is aware of the lawsuit. Brown would not comment about their discussions.

The complaint, filed by the Olsens in early January, alleges that after an ultrasound exam at Andrew's clinic in June 2005, Andrew inappropriately touched her for several minutes.

She says she was paralyzed by fear. The lawsuit states that "(Andrew) should have realized that (his) conduct involved an unreasonable risk of causing plaintiff distress."

The lawsuit accuses Andrew of battery, assault, negligent infliction of emotional distress, intentional infliction of emotional distress and negligence, but no dollar figure has been specified.

"She gained a level of trust with him and (we) believe he took advantage of that trust," Sonny Olsen said. "She does not want to even visit another infertility doctor and when you're planning on having another two or three kids, now the prospect of never having any more kids? I don't know how you put a dollar figure on that."

Sonny Olsen said his wife was hesitant to file the lawsuit, so he called Brown to ask if Andrew would call him and indicate whether or not the touching procedure was standard.

"I was seeking an explanation of why this sort of procedure was used and if it is supported by scientific evidence," Sonny Olsen said. "We gave him an opportunity to respond, but Mr. Andrew never called me back."

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