Couple's Lawsuit Seeks Damages For 'Wrongful Conception' After Failed Vasectomy

A Minnesota couples wrongful conception lawsuit accuses a urology practice of misinforming them about the success of the husbands vasectomy, resulting in an unplanned pregnancy and the birth of their fourth child. 

The lawsuit, which is headed to trial on Monday, was filed in 2023 in Minnesota state court by Steven and Megan Szlachtowski, who want Minnesota Urology to pay costs associated with raising their child. According to a court document, a nurse at the practice who has since died misinformed them after the procedure in 2018 that it had been successful. Megan Szlachtowski, under the impression they could have sex without contraception, became pregnant several years later.

In December 2018, the couple, who were already raising three children, decided Steven would undergo a vasectomy. In May 2019, the couple received the post-procedure test results from nurse Jennifer Whelchel, who said it was ok to discontinue contraceptives, according to the lawsuit.

However, the test was actually positive for the presence of live sperm, both sides in the lawsuit agree. Almost four years later, in March 2023, Megan learned she was 15 weeks pregnant.

Both sides agree that the urology practice was negligent when it misinformed the couple about the post-procedure test results and that the mistake led to Megans pregnancy, according to a stipulation filed in the suit. If the trial takes place as scheduled, it will focus on what, if any, damages the couple is owed. 

The complaint alleged that Whelchel was improperly trained and cited a number of reports that she showed up to work smelling of alcohol or had been late to work without an excuse. But in an order in September, the judge ruled that the couple could not seek punitive damages in the case, finding there wasnt evidence that the urology practice knew of or deliberately disregarded evidence that Whelchel was unfit. The nurse died in 2022. 

Though punitive damages are off the table, the couple is continuing to seek compensation related to raising their fourth child. The complaint says theyve already faced costs of at least $50,000, and a proposed special verdict form describes medical expenses, emotional distress, pain, discomfort and child-rearing costs until the child turns 18.

As a result of the unplanned pregnancy, Megan has not applied for job opportunities, the suit says. The couple alleges she suffered other physical consequences from the pregnancy. 

Attorneys representing Minnesota Urology and the couple did not immediately respond to HuffPosts requests for comment. 

Richard Thomas, the lawyer representing Minnesota Urology, told The Minneapolis Star Tribune he was a little surprised by the couples lawsuit but they have every right to pursue what they want to pursue.

Minnesota is one of several states that recognize wrongful conception as a legal argument. In 1977, the state codified the Minnesota Supreme Courts decision in Sherlock v. Stillwater Clinic, which dealt with a similar situation of a child born after a failed sterilization procedure.

The case determined that courts must balance the economic costs parents derived from the joy of having a child born out of wrongful conception against the cost required to raise the child.