A class action involving the parents, partners and children conceived by a doctor working in the field of artificial insemination was recently settled. The settlement was approved by the court on November 1, 2021.
In the proceeding, it was alleged that a number of women were artificially inseminated over the years by the doctor. However, rather than using the semen from the women’s spouses or partners, the doctor used the semen from others, or from the doctor himself.
A news report indicated that the litigation had 226 members, including patients, their spouses or partners, semen donors and the children conceived through artificial insemination. However, the class size could increase, and that over 500 successful births through artificial insemination were linked to the doctor. The report also indicated that the doctor was stripped of his medical licence and fined $10,730.
The settlement was in the amount of $13,375,000. Of this amount, $3,343,750 plus HST and disbursements, is to go to class counsel. The balance is to be divided amongst the women, their partners or spouses, and the conceived children. Payouts range from up to $50,000 to some mothers and their spouses, and up to $40,000 to $30,000 for children. Other sperm donors are eligible to receive up to $25,000, with more payable if a child was conceived. A further amount is set aside for further DNA testing.
The settlement is said to be without admission of liability.
From an estate point of view, one wonders if the doctor’s estate will face claims by children of the deceased once he passes away. Arguably, the doctor’s estate could have hundreds of potential next-of-kin.
Thank you for reading.