Top Class Actions  |  November 3, 2021

Category: Closed Settlements

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

Close up of egg insemination - 
Barwin - wrongful insemination
(Photo Credit: MilosPauline/Shutterstock)

Canadian consumers who used Dr. Norman Barwin’s services or were affected by his services in Ontario may be eligible to receive a significant amount of compensation thanks to a recent wrongful insemination class action lawsuit settlement.

Settlement Class Members make up three Classes. 

The first settlement Class — the Mother Class — includes all Canadian mothers who received artificial insemination services from Barwin or at another clinic that used semen from Barwin’s clinic in Canada between July 1973 and 2012.

The second Class, also known as the Spouse/Partner/Former Patient Class, includes individuals who were either the partner or spouse of a Mother Class Member at the time of the artificial insemination procedure. These Class Members agreed to either use a specified donor semen or have their own semen used in the procedure, but the biological father of the future child did not match up to the agreement terms. This Class also includes all Canadians who provided semen to Barwin or his clinics that was later used without patient consent.

The final Class, the Child Class, includes all children who were born as a result of the artificial insemination and whose biological father isn’t who the parents consented to.

In the class action lawsuit, plaintiffs allege Barwin was reckless in his handling of semen samples. Due to mishandling semen samples, children were later born with different biological fathers than consented to in the agreement between the patients and the doctor. Barwin allegedly is the biological father of some of the children in the case.

The defendant has not admitted liability in this situation, and the Courts have not made a determination of guilt. Both the defendant and plaintiffs believe the proposed settlement agreement is in their best interests.

As outlined in the wrongful insemination class action settlement, Class Members are eligible to receive compensation from a $13.375 million settlement fund. 

The exact amount each Class Member is eligible to receive depends on which Class they are a part of and which Harm Category they fall under. 

Mother and Spouse Class Members who suffered the greatest harm may claim up to $50,000. 

Children who suffered the greatest harm may claim up to $40,000.

The approval hearing was held Nov. 1, 2021.

The deadline for Class Members to opt out of the Barwin wrongful insemination settlement has passed.

The deadline to find a DNA match for personal reasons or in order to pursue a claim in this settlement is Feb. 15, 2022.

The deadline to file a claim is Feb. 28, 2022.

Who’s Eligible

Class Members make up three Classes. 

The first settlement Class — the Mother Class — includes all Canadian mothers who received artificial insemination services from Barwin or at another clinic that used semen from Barwin’s clinic in Canada between July 1973 and 2012.

The second Class, also known as the Spouse/Partner/Former Patient Class, includes individuals who were either the partner or spouse of a Mother Class Member at the time of the artificial insemination procedure. These Class Members agreed to either use a specified donor semen or have their own semen used in the procedure, but the biological father of the future child did not match up to the agreement terms. This Class also includes all Canadians who provided semen to Barwin or his clinics that was later used without patient consent.

The final Class, the Child Class, includes all children who were born as a result of the artificial insemination and whose biological father isn’t who the parents consented to.

Potential Award

Up to $50,000

Proof of Purchase

In most instances, Class Members will be required to have an Orchid Pro DNA test. Many already have these tests and have no follow-up currently required.

If a potential Class Member has not yet obtained this test, they should consider participating in the DNA database or otherwise following up with Class Counsel to determine whether the explanation of why they do not have the DNA test in support of their application will be sufficient.

Claim Forms

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

02/28/2022

Case Name

Daniel Dixon, et al. v. Dr. Norman Barwin, Court File. No.: 16-70454CP, filed in the Ontario Superior Court of Justice (Ottawa Registry)

Final Hearing

11/01/2021

Settlement Website
Claims Administrator

RicePoint Administration Inc.
P.O. Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
barwinclassaction@ricepoint.com
866-753-2594

Class Counsel

Peter Cronyn
Jessica Fullerton
Frances Shapiro Munn
NELLIGAN O’BRIEN PAYNE LLP

Defense Counsel

Karen Hamway
Stephanie Pearce
GOWLING WLG LLP

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.