Fertility MD given 2-month ban over sperm mix-up
Lawyer for Barwin suggests ‘human error’ to blame for wrong donor inseminations
TORONTO • Ottawa fertility doctor Norman Barwin was banned from practising medicine for two months and reprimanded by a disciplinary panel Thursday for artificially inseminating three of his patients with the wrong sperm.
“It is hard to imagine a more fundamental error in your former specialty,” Ontario College of Physicians and Surgeons disciplinary panel chairman Dr. William King told a grim-faced Barwin, an Order of Canada recipient who is renowned in the field of reproductive medicine.
As part of his plea bargain, Barwin agreed that he inseminated three women with the wrong sperm, but according to his lawyer Karen Hamway, he was unsure how the errors happened.
“There must have been some type of human error,” she said, as Barwin’s victims listened from the back of the small hearing room. “He cannot explain how the error occurred.”
Barwin admitted he “failed to maintain the standard of practice of the profession.”
He had also been accused of “disgraceful, dishonourable or unprofessional” conduct — allegations that were dropped.
The three errors followed a fourth case in 1995, when a patient discovered that her child was not biologically related to the sperm donor.
According to the agreed statement of facts tabled Thursday, the College warned Barwin after the 1995 case and “he took some steps to endeavour to ensure that no such errors would occur in his practice in the future.”
In two of the more recent cases, the children were found not to be the biological children of their fathers, whose sperm was supposed to have been used. In the third, Barwin used sperm from a source different from the mother’s chosen donor.
Two of the families tabled victim impact statements, a rare occurrence at College disciplinary hearings.
Both were drafted during the lunch break and after Barwin’s lawyer introduced glowing testimonials on his behalf.
The families’ names are subject to a publication ban and referred to only by a letter.
“In no way is it our intention to vilify Dr. Barwin — there is no question he has helped countless families … We love our daughter fiercely and unconditionally — she is our miracle,” Victim B said.
“However, none of this diminishes the seriousness of the errors we know he has made. There are long-lasting implications for our children and Dr. Barwin’s actions compromised the health and safety of his patients. (Barwin’s lawyer) Ms. Hamway stated repeatedly that Dr. Barwin has no idea how errors occurred. I hardly see this as reassuring — it is actually very, very concerning.
“I would like to address the letters from Dr. Barwin’s patients that were provided to you. I can only say that these patients have not experienced what we did. Finally I wholeheartedly disagree that Dr. Barwin was responsive to our satisfaction in assisting us when we approached him.”
In her statement, Victim D told the panel how the error affected her and her family.
“Our son has no medical history on his father’s side. I was inseminated with unknown sperm this has impacted me a lot with mixed feelings. It’s like there are two stories. Number one: Having a wonderful son in our lives. Number two: I feel violated. With our strong family values we are dealing with this but it does not take away that it is always there. Example: People say, and have often said, who does (the child), look like? Making our will and he needed a paragraph added since he is not my husband’s biological son.”
‘I regret I’ve caused my patients any difficulty. My intention was always to do my best for them.’
DR. NORMAN BARWIN
According to the statement of facts, expert reviews of Barwin’s office procedures had been unable to determine what precisely went wrong in his treatment of the three women.
“... in view of the outcomes in these cases,” read the statement, “Dr. Barwin accepts that errors in his practice, which would fall below the standard of care, resulted in his failure to provide his patients with offspring from their intended biological fathers.”
In a brief, hushed statement to the five-person disciplinary panel, the 71-year-old doctor said: “I regret I’ve caused my patients any difficulty. My intention was always to do my best for them.”
Barwin has now voluntarily and permanently ended his fertility practice and warned patients whose sperm was banked with him of possible problems — moves that College prosecutor Carolyn Silver said were significant mitigating factors.
But a reprimand and temporary ban on his medical practice were significant punishments and “maintained the integrity of the profession,” said Silver.
“The seriousness of Dr. Barwin’s conduct in this case can’t be understated and the ramifications and consequences for the parents and families are immeasurable,” she said.
“They include emotional ramifications and medical consequences that the families continue to face as they don’t know the medical history of the children that resulted from Dr. Barwin’s practice.”
But Barwin had co-operated fully throughout the lengthy College investigation, added Silver, and had accepted responsibility.
“He has now saved all parties from the need, time and cost from going through a full hearing,” she said.
Barwin’s lawyer Hamway read from one of many testimonials sent by fellow doctors and former patients.
“He has served with passion and dignity,” said one.
Barwin had also been a pioneer in providing fertility treatment to lesbian couples and members of the transgender community when other doctors would not, she said.
“He cares about his patients.”
Barwin was named to the Order of Canada in 1996 for his work in the reproductive medicine field and received an honorary degree from Carleton University in 2009.
He is past-president of the Canadian Fertility Society, the Planned Parenthood Federation of Canada and Planned Parenthood Ottawa.
In a 2001 interview, Barwin told the Citizen his “worst nightmare” involved inseminating a patient with the wrong sperm.
As part of his punishment, Barwin was also ordered to pay the $3,650 cost of Thursday’s hearing.
Two lawsuits against the doctor have been settled out of court.