Dr. Barwin Class Action

Welcome to the Official Dr. Barwin Class Action Website

 Settlement Agreement has been approved

The Settlement Agreement has been approved and that approval will become effective on December 1, 2021, subject to any appeals. The Claim deadline will therefore be February 28, 2022, subject to any appeals. Please ensure that you submit your Claim Package before the deadline. The order approving the Settlement can be found here.

Did you and/or your spouse undergo Artificial Insemination treatment with, or entrust your semen to Dr. Norman Barwin, resulting in the birth of a child whose biological paternity does not match your consent?

If YES, you may now make a claim for compensation 

 

SETTLEMENT DETAILS

The Ontario Superior Court of Justice has approved a $13.375 Million settlement in the Dr. Norman Barwin Class Action on November 1, 2021.

• You may qualify for compensation if:

• You and/or your spouse gave consent to Dr. Barwin to undergo artificial insemination (“AI”) procedures administered by him (or at another fertility clinic with semen previously stored with him) and you bore a child whose biological father does not accord with the consent you provided to him.

 

• You are the child of former patients of Dr. Barwin and your biological father does not accord with the consent of your parents at the time of the AI procedure.

 

• You entrusted semen to Dr. Barwin for storage and/or safekeeping and your semen was used in the course of AI performed by Dr. Barwin that resulted in the birth of one or more children for another unrelated patient.

BACKGROUND 

The class action was launched in November 2016 by Davina Dixon, Daniel Dixon and Rebecca Dixon.  In 1989, Davina and Daniel went to Dr. Barwin for assistance in conceiving a child.  He performed artificial insemination and Rebecca was born on June 1, 1990.  Up until 2016, all three believed Rebecca was the biological child of Davina and Daniel.  However, DNA testing disclosed that in fact Dr. Barwin is Rebecca’s biological father.

Since 2016, many other former patients have come forward and the class action has helped them pursue answers about the true biological parentage of their children.

The settlement of the class action provides compensation to those patients and their children where the DNA of the children is not as was intended by the parents at the time of the artificial insemination performed by Dr. Barwin.  It also provides compensation to former patients who had entrusted their semen with Dr. Barwin either for safe-keeping or for a specific intended use, but which was used by Dr. Barwin in the insemination of another patient, and which resulted in offspring.

To assist other former Dr. Barwin patients seeking answers, part of the settlement will go towards the operation of a DNA database to be coordinated by Orchid Pro DNA Laboratories.  It will permit former patients who entrusted semen with Dr. Barwin and those children who do not know the identity of their biological father is to determine if there are any matches.  This process will permit the comparison of DNA between patients and offspring in a controlled and private database with agreements in place in the event a match is found.  The lawyers representing the plaintiffs encourage any former patients who wish to participate in the DNA database to get in touch with them as soon as possible to start that process.

AM I A MEMBER OF THE CLASS?

The class action includes three Plaintiff classes:

1. Mother Class: All patients of Dr. Barwin who underwent artificial insemination (AI) in Canada between July 1973 and 2012 by either (i) Dr. Barwin; or (ii) at another fertility clinic, with semen originally entrusted to the Defendant, which resulted in the conception and birth of a child whose biological father does not accord with the consent given to Dr. Barwin.
2.  Spouse/Partner/Former Patient Class:
• All persons who were a partner or spouse of a Mothers Class Member when the AI was administered and who agreed to have their own semen or specified donor semen used for the AI of a Mother Class Member but where the biological father of the child born of the AI does not accord with their said agreement; and
• All patients Dr. Barwin in Canada who entrusted their semen to Dr. Barwin for storage, safe keeping or specified purpose and where the semen was used in the course of AI performed by Dr. Barwin between July 1973 and 2012 that resulted in the birth of one or more children who do not accord genetically with the consent these patients gave in regard to the storage and/or use of their semen.
3. Child Class: All persons conceived and born by the Mother Class Members as a result of AI performed by Dr. Barwin between July 1973 and 2012 with semen entrusted to Dr. Barwin and whose biological father does not accord with the consent given by their biological mother for the AI.

HOW TO MAKE A CLAIM?

You must submit a Claim Form and send it to the claims Administrator along with the OrchidPro legal DNA test or other compelling evidence that proves your claim. You can obtain and complete the form here.

Please follow the instructions on the Claim Form carefully. Class Counsel is available to help you complete the form and send your DNA test results to the Claims Administrator.

You will need to swear an oath that the information you provide on the Claim Form is true. 

You can email a copy of your claim form to [email protected]  .

You can also mail a copy of your Claim Form. You must mail your Claim Form by February 28, 2022.

Mailing Address: RicePoint Administration Inc. P.O. Box 4454, Toronto Station A 25 The Esplanade Toronto, ON M5W 4B1

Courier Address: RicePoint Administration Inc. 100 University Ave. 8th Floor Toronto, ON M5J 2Y1