Wednesday, 15 September 2010
Doctor sued as wrong sperm alleged in fertility cases
Lawyers for two families suing a well-known Ottawa fertility doctor for allegedly using the wrong sperm samples to create their children say they believe other patients of the clinic may be in for a surprise.
Dr. Bernard Norman Barwin and the Broadview Fertility Clinic, which he owns, are the targets of two lawsuits launched in Ontario Superior Court seeking a combined $3-million in damages for “heightened anxiety, depression and frustration,” among other things, suffered by the families.
Both statements of claim, obtained by the National Post, ask the court to order a test of Dr. Barwin to rule out “the possibility that he is the donor whose sperm was used to inseminate.”
Pam MacEachern, lawyer for the two families, said she is investigating the possibility that her clients aren’t the only parents who may have been inseminated with the wrong sperm, given the proximity in time, 2005 and 2007, between the alleged incidents.
“The fact that it happened to two people a couple of years apart in very similar circumstances gives us a lot of concern,” Ms. MacEachern said yesterday. “We believe that there’s a good basis to believe that it probably has happened to other people.”
Dr. Barwin, who came to Ottawa in 1973 and set up his private fertility clinic in the mid-1980s, denies the allegations, stating in a statement of defence that “all medical care and treatments provided were carried out in a careful, competent and diligent manner and in accordance with the applicable standard of care.”
For more on this story follow the link: http://www.nationalpost.com/m/story.html?id=3525349
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