Samfiru Tumarkin LLP sues Canada’s largest sperm bank for $30M

Lawsuits seek $30M from Canada’s largest sperm bank for misleading families about donor

TORONTO, September 28, 2020 – Seven Canadian families have launched lawsuits against sperm bank Outreach Health Services after being misled about their sperm donor’s history, which included a degenerative genetic condition and falsified educational background. The families are seeking combined damages of over $30-million.

Outreach Health Services is alleged to have promoted Donor 3116 as possessing an advanced degree, employment as a cytogeneticist and impressive health history. An investigation by the families discovered that the donor did not possess advanced education, was in fact a lab technician, and has genetic abnormalities, including a neuromuscular condition called CMT1, which can lead to debilitating health issues.

Five of the seven children born using Donor 3116’s sperm have tested positive for the condition and will require constant screening and treatment.

“Outreach did not perform a simple background check, online or otherwise, or adequate genetic testing of the donor,” said James K. Fireman, partner at Samfiru Tumarkin LLP, who is representing the families with San Francisco-based firm Hersh & Hersh.

“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,” said Fireman.

The families – which hail from Ontario, Quebec, BC, Alberta, and Newfoundland – further allege that the clinic continued to promote and advertise the donors as viable options, even after learning the truth about their health and education.

Samfiru Tumarkin LLP and Hersh & Hersh have a long history of representing families involved in fertility and sperm bank litigation, including similar legal action in 2016, when three Canadian families alleged that Outreach had misled them about another donor’s history which included jail time for burglary, a diagnosis of schizophrenia and a misrepresented IQ level.

For further information, please contact Ryan Bonnar, Marketing and Media Relations Manager at Samfiru Tumarkin LLP, ryan.bonnar@stlawyers.ca, 416-216-5893