A hospital in Minnesota is being sued for the cost of raising a child after a vasectomy mistake ended with the unplanned birth of a couple’s fourth child.
After Steven Szlachtowski underwent a vasectomy procedure, he was told he could stop using birth control after receiving satisfactory results on post-procedure tests.
It wasn’t until months later, when his wife, Megan, found out she was about 15 weeks pregnant, that they realized her test results had been incorrectly reported to her.
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 an unplanned pregnancy.
Minnesota Urology in Edina has been accused of alleged negligence and inadequate training of its employees in a “wrongful conception” lawsuit filed in Hennepin County in 2023, which goes to trial next week.
Steven Szlachtowski and his wife Megan filed a wrongful conception lawsuit after a vasectomy error resulted in the couple’s fourth unplanned pregnancy.
The couple has taken Minnesota Urology to court to sue for the cost of raising a child, as well as the physical, emotional and medical damages caused by the pregnancy.
The hospital has not denied claims that incorrect test results were given, but has alleged that “the comfort, help and companionship provided by the unexpected child exceeds the costs of raising him to age 18.”
According to the lawsuit, Steven was 38 years old and Megan was 33 in December 2018 when they underwent the vasectomy procedure. The couple had three children under the age of 5 and were looking to advance their careers.
The vasectomy procedure was performed by Dr. Mark Fallen at the Minnesota Urology offices in Edina. Months later, Steven gave a semen sample for his post-procedure test, where nurse Jennifer Whelchel told him the test was negative.
Triage nurses were responsible for transmitting results to patients at that time. In 2019, Minnesota Urology did not have a “clinic-wide policy” requiring doctors to review test results.
According to Whelchel, Steven was now “ok to stop contraceptives.” However, what Whelchel hadn’t realized was that the test results were positive.
The lawsuit claims that Nurse Whelchel had received little training. His two direct supervisors denied being primarily responsible for his training.
Richard Thomas, an attorney for Minnesota Urology, has said the reasons test results were read incorrectly after Whelchel died in 2022 at the age of 49 are unknown, the star tribune.
Steven returned 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 Steven was correctly informed.
A month later, the couple filed the lawsuit and that same year their son was born.
Minnesota Urology has not denied claims that Steven received incorrect test results, but says the joy of a child outweighs the cost of raising one.
Megan discovered she was 15 weeks pregnant and claims the couple suffered a loss of earning capacity due to the unplanned pregnancy.
The jury during the trial will determine whether the damages for unlawful conception outweigh the “joy that comes with having a child.”
An economics professor at Macalester College in St Paul estimated the cost of raising a child to be between $300,000 and $600,000. If the jury decides that the monetary value of the joy of raising a child is less than those amounts, the difference would be any potential damages awarded to the couple.
However, the couple not only claims the costs of raising the child, but also physical and emotional damages, as well as medical expenses. Those damages will not compare to anything.
The couple also filed a motion seeking punitive damages before trial related to “loss of earning capacity” of more than $6 million. Both claimed missed career advancement opportunities due to the unplanned pregnancy, including Megan turning down a job in Chicago that would have had a “substantial pay increase.”
However, his claims for loss of potential income were deemed “overly speculative” and that the loss of earning capacity is “recoverable in an action for wrongful conception,” 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 sought are for the “physical pain, discomfort and other physical consequences” of Megan’s pregnancy, as well as for medical treatments and expenses, emotional distress, loss of economic opportunity and the cost of raising a child.
Thomas has said he has seen cases similar to this one before, but they rarely go to trial because of the potential impact it can have on families, the Star Tribune reported.
“I’m a little surprised, but they have every right to pursue whatever they want,” he said.
Thomas also added that Minnesota is one of the few states that grants the ability to sue for unlawful conception in a case like this, saying: ‘Most states do not recognize this legal course of action. “Minnesota is a minority, but it is.”
Daily Mail has contacted Steven Szlachtowski and Minnesota Urology for comment.