The family of Rebecca Dixon, who was conceived through artificial insemination, accidentally discovered that her biological father is the doctor who helped the family conceive the child.
Former patients of Canadian infertility doctor Norman Barwin, who used his own sperm or that of unknown donors to impregnate women, have been offered a global settlement of 13 million Canadian dollars (10.5 million US dollars).
226 people, including 17 children conceived through artificial insemination, filed a lawsuit against Norman Barvin, who DNA analysis revealed to be their biological father.
The maximum payout to any one applicant will be $50,000. It is believed to be the first court decision of its kind. “Although I am aware of several other doctors around the world who have done the same thing as Dr. Barvin, I am not aware of any other class action lawsuit or settlement of this nature anywhere else in the world,” said Peter Cronin, a lawyer representing the families.
According to the global agreement, funding will also be provided for DNA analysis of other children to identify their biological fathers. As a result of DNA analysis, children will also be able to access their family medical history and find their half-siblings.
According to Peter Kronin’s estimates, there were approximately 500 successful births using artificial insemination during Norman Barvin’s practice from 1973 to 2012, so the number of plaintiffs may exceed the current 226 plaintiffs.
Dr. Barvin worked at two clinics in Ottawa, Ontario. As part of the agreement with the clinics, the partner’s sperm was to be used for fertilization, but instead, sperm from unknown men or Dr. Barvin’s sperm was used.
Dr. Norman Barvin is now 80 years old and denies all allegations of sperm fraud between 1973 and 2021. The lawyers’ proposed global settlement must be approved by a judge before any money can be made available to compensate the doctor’s victims.
The lead plaintiff in the case is 31-year-old Rebecca Dixon. She learned that her biological father was Dr. Barvin, a doctor whose clinic treated her parents after she fell ill with a disease that no one in her family had ever had. She and her parents filed a lawsuit against the doctor in 2016.
“I’m not sure we will ever be able to forget this,” she told the Ottawa Citizen newspaper. “It will be with us for the rest of our lives. But the legal aspect of this dispute will help people come to terms with the situation.”
Norman Barvin agreed to a global settlement, he said, in order to avoid the time, risk and expense of continuing the litigation. However, he has denied and continues to deny all of the plaintiffs’ allegations. The parties will continue to discuss the global agreement in court in November 2021.