Hospital sued for cost of raising couple's child after bizarre vasectomy blunder

By Daily Mail (U.S.) | Created at 2024-10-30 20:27:20 | Updated at 2024-11-06 10:23:37 6 days ago
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A hospital in Minnesota is being sued for the cost of raising a child after a vasectomy blunder ended in the birth of one couple's unplanned fourth child. 

After Steven Szlachtowski underwent a vasectomy procedure he was told he could stop using contraceptives following successful post-procedure test results. 

It wasn't until months later when his wife, Megan, learned that she was around 15 weeks pregnant that they realized his test results had been reported back to him incorrectly. 

After their shocking discovery, the couple filed a lawsuit and sued for damages including physical pain and the cost of raising their fourth child from the unplanned pregnancy.

Minnesota Urology in Edina have been accused of alleged negligence and improper training of its employees in a 'wrongful conception' lawsuit filed in Hennepin County in 2023, which is set to go to trial next week. 

Steven Szlachtowski and his wife Megan filed a lawsuit for wrongful conception after a vasectomy blunder resulted in the couples unplanned fourth pregnancy 

The couple have taken Minnesota Urology to court suing for the cost of raising a child as well as physical, emotional and medical damages incurred from the pregnancy

The hospital have not denied the claims that the incorrect test results were given, but have alleged that the 'comfort, aid and society provided by the unexpected child exceed the costs of raising the child to 18.' 

According to the lawsuit, Steven was 38 and Megan was 33 in December of 2018 when he underwent the vasectomy procedure. The couple had three children under the age of 5, and were looking to advance in their careers. 

The vasectomy procedure was performed by Dr Mark Fallen at the Edina offices of Minnesota Urology. Months later, Steven gave a semen sample for his post-procedure testing where Nurse Jennifer Whelchel told him the test was negative. 

Triage nurses were responsible for relaying the results to patients at the time. In 2019, Minnesota Urology had no 'clinic-wide policy' requiring physicians to review the analysis results. 

According to Whelchel, Steven was therefore now 'ok to discontinue contraceptives'. However, what Whelchel hadn't realized was that the test results were in fact positive. 

 The lawsuit claims that Nurse Whelchel had received little training. Her two direct supervisors both denied being primarily responsible for her training. 

Richard Thomas, the lawyer for Minnesota Urology, has said any reasons for the test results being read incorrectly are unknown after Whelchel died in 2022 at the age of 49, reported the Star Tribune

Steven went back to Minnesota Urology one day after finding out his wife was pregnant to have his semen tested again, and this time it came back positive and was reported to Steven correctly. 

One month later, the couple filed the lawsuit and their child was born later that year. 

Minnesota Urology have not denied the claims that Steven was given the wrong test results, but are claiming that the joy of a child outweighs the cost of raising the child

Megan found out she was 15 weeks pregnant and claim the couple have suffered loss of earning capacity due to the unplanned pregnancy 

The jury during trial will determine if the damages from wrongful conception outweigh the 'joy that having a child brings.'

An economics professor at Macalester College in St Paul calculated that the cost of raising a child is somewhere between $300,000 and $600,000. Should the jury decide the joy of raising a child in monetary value to be less than those amounts, the difference would be any potential damages awarded to the couple. 

However, the couple are not only seeking the costs for raising the child but also the physical and emotional damages as well as medical expenses. Those damages will not be weighed against anything. 

The couple also filed a motion seeking punitive damages ahead of trial related to 'loss of earning capacity' for more than $6 million. Both laid claim to career advancement opportunities missed due to the unplanned pregnancy, including Megan turning down a job in Chicago that would have had a 'substantial pay rise'. 

However their claims for loss of potential earnings was ruled as 'too speculative' and that the loss of earning capacity is 'recoverable in a wrongful conception action', according to court documents. 

The trial is scheduled to take place next week after it was filed in 2023 before the child was born

The formal damages being sought are for the 'physical pain, discomfort, and other physical consequences' of Megan's pregnancy as well as medical treatments and expenses, emotional distress, loss of economic opportunities and the cost of raising a child. 

Thomas has said he has seen cases similar to this one before, but rarely do they go to trial because of the potential impact it can have on families, reported the Star Tribune. 

'I'm a little surprised, but they have every right to pursue what they want to pursue,' he said.  

Thomas also added that Minnesota is one of the few states that grants the ability to sue for wrongful conception in a case like this one, he said: 'Most states do not recognize this course of legal action. Minnesota is a minority, but it does.' 

Daily Mail has reached out to Steven Szlachtowski and Minnesota Urology for comment.  

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