A Minnesota couple is suing a hospital for the cost of raising a child after a vasectomy blunder resulted in the birth of the couple’s fourth child.
The lawsuit was filed by Megan and Steven Szlachtowski after Steven underwent a vasectomy procedure in December 2018 and was told he could stop using contraceptives with the procedure test results showing it was successful.
However, despite being assured his procedure worked, months later, Megan discovered that she was 15 weeks pregnant. After taking another look at his test results, the couple discovered the hospital delivered them incorrectly, the lawsuit alleges.
Now, the couple is suing Minnesota Urology in Edina, accusing the hospital of negligence and improper training of its employees. The “wrongful conception” lawsuit was filed in Hennepin County in 2023 and is set to go to trial next week.
The couple is seeking damages for physical pain and the cost of raising their fourth child from the unplanned pregnancy.
The hospital has denied the claims that the incorrect test results were given. It has also alleged that the “comfort, aid, and society provided by the unexpected child exceed the costs of raising the child to 18.”
Steven and Megan had three children under the age of 5 when their fourth baby was born. They say in the suit that they were trying to advance in their careers at the time of the unplanned pregnancy.
Dr. Mark Fallen performed the procedure, and months after, the couple said in the suit that Steven provided a semen sample for his post-procedure testing. The suit alleges that Nurse Jennifer Whelchel told him the test was negative.
The suit says that Whelchel received improper training. Both of her direct supervisors denied being primarily responsible for her training.
However, any reasoning for why the test results were read incorrectly is unknown, as Whelchel died in 2022 at the age of49, Minnesota Urology lawyer Richard Thomas shared with the Star Tribune.
After finding out his wife was pregnant, Steven went back to the hospital to have his semen tested again, where it came back positive. A month later, the couple filed its lawsuit, and later that year, their child was born.
The jury will be responsible for determining if the damages from wrongful conception outweigh the “joy that having a child brings.”