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Canadian infertility gynecologist Norman Barwin has been accused of using the wrong semen. In many cases, he fertilized with his own sperm. A total of several hundred people filed a class action. The doctor is expected to pay over $ 10 million in damages.
- Dr. Norman Barwin was recognized as one of the best fertility specialists in Canada
- For several dozen years, he made about 500 successful artificial inseminations. Years later it turned out that he was using the wrong semen, and in extreme cases – his own
- DNA tests showed that he was the father of 17 children his patients had applied for. The actual number could be much larger
- The gynecologist pleads not guilty
- More interesting information can be found on the Onet homepage
All because of the color of the eyes
It started with Daniel and Davina Dixon. More than three decades ago, the couple tried unsuccessfully for a child. In 1989, they asked Dr. Norman Bwin, who ran a fertility clinic in Ontario, for help. His help proved effective. After several visits to the clinic, Davina became pregnant and in 1990 gave birth to a baby girl named Rebecca.
“From the time Rebecca was born through her childhood, the girl’s teenage and adult years, Daniel and Davina believed that Rebecca was Daniel’s biological daughter,” says the lawsuit that will later appear in court.
Doubts arose in February 2016 when Davina read a post on Facebook saying it was unusual for a child of two with blue eyes to have brown eyes. This was the case with them. Mr. and Mrs. Dixon’s eyes are blue, and Rebecca’s are brown. They did a blood test and a DNA test. The results ruled out that Daniel could be the girl’s father.
Their benefactor, Dr. Barwin, became the main suspect. Especially since the grown-up Rebecca looked very much like a doctor. The Dixons started looking for information on the gynecologist. They found that in 2013 he was fined for having three women artificially inseminated with the wrong sperm at his clinic in Ottawa.
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Rebecca also contacted 25-year-old Kathryn Palmer, who had discovered the previous year that Dr. Barwin was her biological father. This doctor also helped her parents in the treatment of infertility.
Rebecca and Katryn did another DNA test. It turned out that they are half sisters.
In early November 2016, the Dixons filed a lawsuit against Dr. Barwin. The family lawyer then considered it likely that the doctor had used his own sperm to fertilize other patients as well, and that perhaps more people would come. However, the scale of the lawsuit exceeded everyone’s concerns.
An outstanding specialist in the treatment of infertility
Dr. Norman Barwin was a valued specialist. He finished medical studies in Northern Ireland in 1965, then moved to Canada.
As you could read in one of his biographies a few years ago, “throughout his career with his dedication, genuine concern for the well-being of patients and commitment to improving the health of his countrymen, Dr. Barwin sets a good example for all young people involved in health, sexual rights and reproductive ».
He was a professor of obstetrics and gynecology at the University of Ottawa, where he was elected the best clinical professor for four consecutive years. Barwin was the director of the high-risk pregnancy clinic and the infertility clinic at a hospital in Ottawa.
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He was also one of the founders of the Fertility Self-Help Group (ISSG), which later evolved into the Canadian Fertility Awareness Association. He was a co-founder of the Canadians for Choice foundation (aiming to “give Canadians a choice of reproductive paths through education, research, training and public policy”) and its president since 2004. He was also president of the Canadian Fertility Society, the Canadian and Ottawa branches of Planned Parenthood.
In 1997, Barwin was awarded the Order of Canada (the second most important Canadian award) for “profoundly influencing both the biological and psychosocial aspects of women’s reproductive health”.
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Despite repeated accusations, he was long respected by the community and the environment.
In 2013, he lost his license to practice for two months. In the same year he was also stripped of the Order of Canada. His medical license was finally withdrawn in 2019. He had stopped practicing a few years earlier.
Class action lawsuit
The first case went to court in 1995. Loree-Ann Huard and Wanda Cowton sued Dr. Barwin for using sperm from the wrong donor. The parties, however, reached an agreement outside the court three years later. In 2010, two more women filed lawsuits with similar charges.
After the Dixons who went to court in 2016, two years later the class action lawsuit concerned another 11 cases where Barwin was suspected of being the father of the child, and another 50 were preparing to go to court. The oldest cases of abuse could even concern the 70s.
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The case ended only recently. In late July, the Ontario Supreme Court approved a class action that eventually grew to 226 people – former patients and children conceived by artificial insemination. The main reasons are Dan and Davina Dixons.
In 17 cases, DNA testing showed that the father was Dr. Norman Barwin. In total, there could have been about a hundred cases where the doctor used the wrong or his own sperm for fertilization. More than 80 people do not know the identity of their biological father.
“Although I know some other doctors in the world who did what Dr. Barwin did, I don’t recall any lawsuit on this scale,” said Peter Cronyn, a lawyer representing the families.
50 thousand for the wrong DNA
At the hearing, a settlement was proposed in which the doctor is to pay 13,375 million Canadian dollars (about 10,7 million US dollars). The settlement does not mean that Barwin admits guilt. The gynecologist “has denied and continues to deny all claims in this case” and agreed to the settlement in order to “avoid time, risk and costs of continuing the dispute.”
“The class-action settlement provides compensation to those patients and their children whose children’s DNA is not what their parents expected as a result of Barwin’s artificial insemination,” reads a statement from a law firm representing the families.
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The negotiated amount is to be distributed according to specific rules. 75 thousand dollars is to be used to set up and maintain a DNA database for Barwin’s patients, sperm donors and conceived children. “The main purpose of the database will be to ensure that children can identify their biological fathers, obtain a medical history and locate their half-siblings,” reads the settlement documents.
Up to 50 dollars is to be transferred to the families who have made the claim. This amount will apply in cases where there is DNA evidence that the child or children were conceived from non-male sperm in the attempting couple. If there is more than one child involved in the case, the first child will receive 40, and each subsequent child – regardless of the number – will receive a total of 10 ”.
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These amounts may change depending on how many applicants ultimately qualify for (or drop out) the class action. Another hearing in November.
Peter Cronyn estimates that between 1973 and 2012 there were likely to be 500 successful artificial inseminations with Barwin’s participation, so the number of applicants may be greater than the current 226.