Former patients and children reach $13-million settlement with Ottawa fertility doctor
An Ontario Superior Court judge has certified a $13.375-million class-action lawsuit against an Ottawa fertility doctor who used the wrong sperm to artificially inseminate patients.
Nelligan Law says the proposed settlement against Dr. Norman Barwin is the first of its kind in the world.
The settlement provides compensation to patients and their children where the DNA of the child is not as was intended by the parents at the time of artificial insemination performed by Barwin.
The class action lawsuit was launched in November 2016 by Davina Dixon, Daniel Dixon and Rebecca Dixon. In 1989, Davina and Daniel Dixon went to Barwin for assistance in conceiving a child. Rebecca was born on June 1, 1990. Up until 2016, all three believed Rebecca was the biological child of Davina and Daniel. DNA testing confirmed that Barwin is Rebecca’s biological father.
“This settlement is an acknowledgment of the very profound disruption of something fundamental to us all – the makeup of our families - that so many former patients of Barwin and their children have endured,” said Peter Cronyn of Nelligan Law.
Cronyn tells CTV News Ottawa there are currently 226 people involved in the class-action, including 126 parents and 100 children. Nelligan Law says 17 people have discovered Barwin is their biological father, while 83 people do not know the identity of their biological father.
Former patients and children will be eligible for compensation up to $50,000.
Part of the settlement will include money to operate a DNA database to help former patients to determine the identity of their biological father.
"I don’t think that the end of the legal case will end this for any of us. I don’t think it exactly brings closure,” said Rebecca Dixon in an interview with CTV News Ottawa Wednesday afternoon.
“I think the reality is this is a permanent change in our lives and we’ll all be dealing with the repercussions for the rest of our lives. I do think it will help people come to terms with it and kind of learn to accept and be able to live a little bit more easily without the legal process hanging over them.”
The settlement does say the class-action lawsuit is not an admission of liability or wrongdoing by Barwin. “The defendant similarly has concluded that this agreement is desirable in order to avoid the time, risk and expense of continuing with the litigation,” said the settlement.
The court will review the settlement at a hearing on Nov. 1.
“I’ve definitely invested a lot in forming relationships with my half-siblings and that has allowed me to find some positive thing from this and to find opportunities to develop relationships with them and sort of share this experience with them,” said Dixon, adding it's been a five year process since the class action lawsuit was launched in 2016.
“I certainly think that my half-siblings will be in my life permanently.”
In 2019, the College of Physicians and Surgeons of Ontario revoked the license of Dr. Barwin, ruling he committed professional misconduct and failed to maintain the standards of the profession.
CTVNews.ca Top Stories
Lawsuit against Meta asks if Facebook users have right to control their feeds using external tools
Do social media users have the right to control what they see — or don't see — on their feeds?
BREAKING 15-year-old boy stabbed in Ottawa on Thursday dies
A 15-year old boy who was critically injured after a stabbing in Nepean on Thursday has died of his injuries, Ottawa's English public school board said Sunday.
Dash cam catches moment suspected drunk driver hits parked car, sends it careening into North Shore flower shop
Police say it’s fortunate no one was injured or killed in a collision at North Vancouver’s Park and Tilford shopping centre Saturday evening that sent one vehicle careening into a flower shop and another into a set of concrete barriers outside a Winners store.
El Nino weakening doesn't mean cooler temperatures this summer, forecasters say
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Nylander defends Leafs' core after playoff exit, Toronto again picks up the pieces
The Maple Leafs battled back from a 3-1 series deficit against the Boston Bruins with consecutive 2-1 victories - including one that required extra time - in their first-round playoff series to push the club's Original Six rival to the limit before suffering a devastating Game 7 overtime loss.
Amid climate change warnings, Canadians lukewarm on electric vehicles
Amid scientists' warnings that nations need to transition away from fossil fuels to limit climate change, Canadians are still lukewarm on electric vehicles, according to a study conducted by Nanos Research for CTV News.
Three dead, two hospitalized, following collision in Fredericton: police
Three people have died and two have been hospitalized after a speeding car struck a tree and landed on another vehicle in Fredericton Sunday morning.
Montreal man on the hook for thousands of dollars after a feature on his Tesla caused an accident
A Montreal man is warning Tesla drivers about using the Smart Summon feature after his vehicle hit another in a parking lot.
Madonna's biggest-ever concert transforms Rio's Copacabana beach into a massive dance floor
Madonna put on a free concert on Copacabana beach Saturday night, turning Rio de Janeiro's vast stretch of sand into an enormous dance floor teeming with a multitude of her fans.