We have commenced a class action against Dr. Norman Barwin on behalf of his former patients and the children that Dr. Barwin helped conceive at his clinic, the Broadview Fertility Clinic.
Update. December 12, 2017
We are continuing to prepare materials for the certification of the class action. Once the action is certified as a class action, the next step will be establishing the process for the claims to be adjudicated and resolved. We expect the action to be certified in the first half of 2018 and the process for dealing with the claims to be in place shortly thereafter.
Since the class action was issued last year, we continue to be contacted by many people who were former patients of Dr. Barwin and their children. We are not in a position just yet to provide the full details but from the discussions we have had so far, the following is becoming apparent to us:
- Problems arising from Dr. Barwin’s practice may have occurred at all points in time throughout his practice in Ontario, including the time period in which he worked at the Ottawa Hospital in the 1970s and 1980s and continuing through the time period of 1984 to 2014 when he operated his own practice at the Broadview Fertility Clinic. Therefore, it is important to note that anyone at any point in time who saw Dr. Barwin for assistance in conceiving a child in Ontario at either the Ottawa Hospital or at the Broadview Fertility Clinic may be affected.
- It appears that Dr. Barwin made insemination errors with both patient sperm and donor sperm.
- Individuals or couples who received Dr. Barwin’s assistance in conceiving a child with anonymous donor sperm may have conceived a child with the wrong sperm i.e. sperm that was not from their chosen or selected donor;
- Couples who received Dr. Barwin’s assistance for the purposes of conceiving a child together, where the father’s sperm was to be used and only the father’s sperm was to be used, may have conceived a child with another individual’s sperm.
- It appears that sperm that was stored with Dr. Barwin for preservation and safe-keeping may also be contaminated. Anyone who stored sperm with Dr. Barwin, but conceived a child at another clinic or with another doctor, may also be affected. Further, anyone who still had sperm stored with Dr. Barwin when he retired, and who transferred that sperm to another clinic in hopes of using it one day but have not yet conceived a child, may now be in possession of contaminated sperm.
- It appears that Dr. Barwin’s own DNA material was involved in the artificial insemination process in more than the two occasions detailed in the Statement of Claim (i.e. in Rebecca Dixon’s and Kathryn Palmer’s cases). If you are concerned that Dr. Barwin’s DNA material may have been involved in your artificial insemination process, please contact us so that we can arrange for DNA testing.
We encourage anyone who has not yet reached out to us but who has concerns about whether they may have been impacted in any way by Dr. Barwin’s practice to contact us as soon as possible.
Our claim alleges Dr. Barwin negligently inseminated his patients with the wrong sperm. Specifically, our claim alleges that his patients conceived and gave birth to children whose DNA does not match their intended sperm donors.
We are also alleging that in some cases, Dr. Barwin used his own sperm in the artificial insemination procedure and that he is the biological father of an unknown number of children who were conceived at his clinic.
The class action includes three Plaintiff classes:
- Patients of Dr. Barwin who were inseminated with the wrong biological material i.e. with sperm other than the sperm they consented to being used by Dr. Barwin for the purposes of artificial insemination.
- Patients of Dr. Barwin who:
- were not inseminated by way of artificial insemination, but who became a parent to a child conceived with the assistance of Dr. Barwin and whose DNA does not match the DNA of the child’s sperm donor; and/or
- provided their sperm to Dr. Barwin to be used for artificial insemination pursuant to their instructions and it was not used for that purpose; and/or
- provided their sperm to Dr. Barwin for safe-keeping and preservation and it was not so used.
- Persons who were conceived at the Broadview Fertility Clinic with the wrong biological material i.e. with biological material other than the material selected or chosen by their parents for the purposes of artificial insemination. This includes persons who were conceived using Dr. Barwin’s own sperm.
This site is intended to provide plaintiffs involved in the lawsuit with the most up-to-date facts, documents, news and information about the class action against Dr. Barwin.
Former patients of Dr. Barwin and/or their children who wish more information may contact Nelligan O’Brien Payne directly c/o Robyn Beaulne at 613- 231-8214 or firstname.lastname@example.org.
Related media coverage:
Canadian doctor accused of secretly using his sperm to impregnate patients | Fox News
Allegations Ottawa fertility doctor used his own sperm underscore need for regulation | Ottawa – CBC News
Former Ottawa fertility doctor impregnated 2 women with his own sperm, lawsuit claims – Ottawa – CBC News
Fertility doctor accused of using own sperm to impregnate patients | Telegraph
Lawsuit claims fertility doctor used his own DNA to inseminate patients | The Globe and Mail
Infertile couples came to this ‘baby god’ for help. Now, they’re accusing him of betrayal | Washington Post
Ottawa family sues fertility doctor for use of wrong sperm â€“ his own – The Current with Anna Maria Tremonti | CBC Radio
Lawsuit: Canadian doctor impregnated patients with own sperm | Houston Chronicle
Doctor accused of secretly using his sperm to impregnate patients | New York Post
Lawsuit claims Ottawa doctor used own sperm to impregnate fertility patients | Yahoo News
Lawsuit: Canadian doctor impregnated patients with own sperm – seattlepi.com
Lawsuit claims Ottawa doctor used own sperm to impregnate fertility patients | CP24.com
Ottawa fertility doctor accused of impregnating patients with his own sperm | CTV News
Un mÃ©decin d’Ottawa poursuivi pour avoir insÃ©minÃ© ses patientes avec son sperme| TVA Nouvelles
Lawsuit claims Ottawa doctor used own sperm to impregnate fertility patients | 680 NEWS
Lawsuit: Canadian Doctor Impregnated Patients With Own Sperm | ABC News
A fertility doctor is being accused of impregnating women with his sperm | Her.ie