Canada’s Largest Sperm Bank Faces Lawsuits For Misleading Families About Donor

Canadian sperm bank Outreach Health Services is the target of lawsuits filed by seven families who claim they were deceived about the medical and personal background of their sperm donors. The families are seeking collective damages of more than $30 million for misleading information about sperm donors, including degenerative genetic ailments and fabricated education credentials. 

The seven Canadian families from Alberta, BC, Newfoundland, Ontario, and Quebec allege that Outreach Health Services boasted and advertised a sperm donor as a highly suitable option, meanwhile, the donor’s actual health and education credentials were falsified.

Parent Hopefuls are Duped by Sperm Bank

Each of the plaintiffs in each of the seven lawsuits had children as a result of a sperm donor from Outreach Health Services. Anonymous “Donor #3116” had a promoted profile that the plaintiffs found appealing. The donor’s athletic capabilities, background, education, genetics, health, interests, and physicality were winning traits to the claimants. According to the Canada sperm bank lawsuits, Donor #3116 was advertised as having an advanced degree and worked as a cytogeneticist. His health history was allegedly advertised as impeccable, free of any genetic flaws, and he was labeled a “very popular” sperm donor.

After examining and mulling over the information provided from Outreach Health Services about Donor #3116, each claimant chose to move forward with the insemination. 

The sperm bank lawsuits were filed when the claimants discovered that Donor #3116 did not have an advanced degree, nor is he a cytogeneticist, but rather works as a lab technician. Furthermore, Donor #3116 has a genetic abnormality called Charcot-Marie-Tooth disease type 1 (CMT1). According to the Canadian sperm bank lawsuits, the donor’s photographs documented that he had CMT1. 

“Unbeknownst to the Plaintiffs, Photographs of Donor #3116 document that he had hallmark presentations for CMT1 that were obvious prior to, and at the time, he became a sperm donor” The sperm bank lawsuit notes. “Donor #3116 was approved and promoted by Outreach to be a sperm donor, despite having genetic abnormalities, including CMT1” 

Each of the claimants had a choice to pick from any sperm donor in Outreach Health Services selection. They claim they would not have chosen Donor #3116 if they had known his true identity.

Wrongful insemination has sparked other legal actions, too. A wrongful insemination class action lawsuit alleged that a fertility doctor in Ottawa inseminated hundreds of women with his own sperm, without their knowledge or consent.

Children Born With a Genetic Abnormality

Seven children have been born using Donor #3116’s sperm and five of them have tested positive for CMT1, according to the sperm bank negligence lawsuit. The genetic condition will demand continuing screening and treatment.

Donor #3116’s CMT1 is genetic and hereditary, but the sperm bank allegedly did not warn the families that their children could be born with their trait. It is also alleged that the sperm bank has not assisted the families who are now acquiring CMT1 medical expenses. The Canada lawsuits say the sperm bank has acted “capriciously and maliciously with blatant disregard” to the families and children born with genetic abnormalities.

Sperm Bank Lawsuits Claim Fraud and Negligence

The Canadian sperm bank lawsuits allege wrongful birth, failure to investigate, fraud, negligent misrepresentation, defective product, battery, and breach of warranty and are seeking punitive and aggravated damages.

Lawyer James K. Fireman, who is representing the lawsuits, said, “Outreach did not perform a simple background check, online or otherwise, or adequate genetic testing of the donor.” 

He added, “Outreach has provided no help whatsoever to these parents and has shown a blatant disregard for the well-being of these families and their children.”

The claimants relied on the sperm bank’s authority, thinking they were receiving a top-notch sperm donor. The lawsuits claim the organization asserted and promoted that its donors were examined, screened and qualified. Outreach Health Services also allegedly reported they were totally compliant with the Assisted Human Reproduction (AHR) Act, Health Canada Semen Regulations, and the U.S. Food and Drug Administration (FDA).

The company also boasted, “the industry’s most selective, most tested and most successful” donors, notes the sperm bank false advertising lawsuits.

The claimants say they faced physical and emotional suffering and financial losses due to the conduct of the sperm bank.

Each sperm bank lawsuit is seeking general, special, and punitive damages in hopes of treating and remedying the children’s genetic abnormality.

Have you ever used services from Outreach Health Services? What do you think about this sperm donor lawsuit? Share your thoughts with us in the comment section below! 

The plaintiffs are represented by James K. Fireman and Sivan Tumarkin of Samfiru Tumarkin LLP, and Nancy Hersh and Montana Baker of Hersh & Hersh.

The Outreach Health Services Sperm Bank Lawsuits are Shirley Kwan, et al., v. Outreach Health Services, Inc., et al., Case No. CV-20-00002404-0000, Philippa Jane Hamson v. Outreach Health Services, Inc., et al., Case No. CV-20-00002396-0000, Melanie Jenelle Smith, et al., v. Outreach Health Services, Inc., et al., Case No. CV-20-00002400-0000, Louise Samantha Frame, et al., v. Outreach Health Services, Inc., et al., Case No. CV-20-00002403-0000, James Matthew Rodgers, et al., v. Outreach Health Services, Inc., et al., Case No. CV-20-00002402-0000, Melissa Marie Howell, et al., v. Outreach Health Services, Inc., et al., Case No. CV-20-00002398-0000, and Ashwina Daviniaranee Aubeeluck, et al., v. Outreach Health Services, Inc., et al., Case No. CV-20-00002617-0000, in The Superior Court of Justice, Ontario, Canada. 

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