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
NDP motion regarding Palestinian statehood passes after major Liberal alterations
A motion from the federal New Democrats initially calling on Canada to recognize the 'State of Palestine' passed amid widespread acrimony on Monday, after the Liberals drastically altered its wording to see the government simply work towards that aim as part of a two-state solution.
'He didn't want to die': Family of Calgary man killed in standoff speaks out
Family of a Calgary man killed after a 30-hour standoff with police last week are speaking out, sharing details of the tense and heart-wrenching experience.
Toronto family doctor who called patient's body 'perfect' suspended for 3 months: tribunal
A family doctor in Toronto has been suspended for three months after a disciplinary tribunal found that he failed to follow proper protocols while examining a patient's breasts and made inappropriate comments about her body.
Ohio mom who left toddler alone 10 days when she went on vacation pleads guilty to aggravated murder
An Ohio mother whose 16-month-old daughter died after being left home alone in a playpen for 10 days last summer while she went on vacation was sentenced Monday to life in prison with no chance of parole.
Retired teacher pleads guilty to paying for sex with 15-year-old in Collingwood, Ont.
In a Barrie courtroom on Monday, a retired high school teacher from the Niagara Region pleaded guilty to sexual touching and obtaining sexual services from a 15-year-old boy in Collingwood in 2021.
Hertz CEO out following electric car 'horror show'
The company, which announced in January it was selling 20,000 of the electric vehicles in its fleet, or about a third of the EVs it owned, is now replacing the CEO who helped build up that fleet, giving it the company’s fifth boss in just four years.
5 charged in Calgary kidnappings that targeted women
Calgary police have charged five men in a pair of kidnappings last year that targeted innocent victims.
Demand soars for solar eclipse glasses in Canada. Are they worth buying?
The demand for total solar eclipse glasses used to safely view the rare celestial event has been ramping up as sellers, along with astronomy and eye-care experts in Canada, warn that viewing the eclipse with the naked eye is dangerous.
Canadian commander of volunteer fighter group dies in Ukraine
A Canadian-born commander of the so-called Norman Brigade, a volunteer fighting group in Ukraine, has died.