More Canadian Families Join Wrongful Insemination Class Action

Canadian families who filed a wrongful insemination class action lawsuit have reportedly been joined by more Class Members.

The CBC reports that additional testing revealed to families that Dr. Norman Barwin, a now disgraced Ottawa fertility doctor, used the wrong or even his own sperm in artificial insemination procedures, including invitro fertilization (IVF) and intrauterine inseminations (IUI).

The wrongful insemination class action lawsuit seeks to represent several Classes, including:

• “All patients of Dr. Barwin who received artificial insemination services from Dr. Barwin at the Ottawa Hospital and/or the Broadview Fertility Clinic
• All individuals who were artificially inseminated with material that had previously been entrusted to Dr. Barwin or stored with Dr. Barwin…
• All individuals who: (a) were the spouse or partner of a patient who Dr. Barwin artificially inseminated at the Ottawa Hospital or Broadview Fertility Clinic; and/or (b) entrusted their sperm to Dr. Barwin to be used for artificial insemination and/or for safe-keeping and preservation…
• All individuals conceived and born by Davina Dixon’s class as a result of artificial insemination performed by Dr. Barwin or from biological material previously stored with Dr. Barwin.”

According to CBC, Dr. Barwin opened his Ottawa fertility clinic in the 1970s. In 1999, Health Canada, the agency responsible for inspecting fertility material, such as donor eggs and sperm, reportedly received reports of violations by Barwin’s clinic.

CBC reports that as a result of the Health Canada inspection, all donor sperm at Dr. Barwin’s clinic was quarantined; however, similar discrepancies in the handling of sperm at the clinic were noted by the agency in another inspection that took place in 2002.

It wasn’t until Dr. Barwin faced a lawsuit filed by two families in 2010 alleging the fertility doctor used the wrong sperm to inseminate, that the clinic faced another critical Health Canada inspection, reports the CBC. This inspection reportedly revealed several “critical” risk factors, including no evidence that sperm was tested for diseases, lost consent forms and even sperm vials, and labeling issues.

Despite these issues, say CBC reporters, Dr. Barwin was still seeing patients into late 2011.

The CBC reports that the clinic quit offering IVF and IUI in 2012 and Barwin had his medical license pulled in 2013.

A lawyer for the plaintiffs in the wrongful insemination class action lawsuit told CBC reporters that the families who have discovered that the wrong sperm was used to conceive their children now have no other recourse.

The plaintiffs say they each suffered damage from discovering that the wrong sperm was used to conceive their children. They allege that they have had to tell their children that the father who raised them is not their biological father.

Further, at least 11 of the children were reportedly conceived through the use of Dr. Barwin’s own sperm.

The wrongful insemination class action lawsuit contends that the families did not consent to the use of the incorrect or Dr. Barwin’s sperm when they sought fertility services. They accuse Barwin and the clinic of negligence, breach of contract, and medical battery.

The wrongful insemination class action lawsuit is seeking damages, including pain and suffering and loss of enjoyment of life. They are also seeking a court order requiring Dr. Barwin to surrender his own DNA so the children conceived at his clinic can ascertain whether or not he is their biological father, along with reimbursement for DNA, blood type, and other genetic testing.

Were you a patient of Dr. Barwin’s fertility clinic? Are you concerned about wrongful insemination? Tell us your story in the comments below!

The plaintiffs are represented by Peter J.E. Cronyn, Frances Shapiro Munn, and Jessica Fullerton of Nelligan O’Brien Payne LLP.

The Wrongful Insemination Class Action Lawsuit is Dixon, et al. v. Dr. Norman Barwin, Case No. I6-70454CP, in the Ontario Superior Court of Justice, Canada.

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