Wednesday, January 30, 2013

Couple Can’t Recoup Costs for Raising Child

How sad.

A state appeals court says a West Bend couple can’t recoup the costs of raising a child they conceived after a clinic mistakenly gave the mother vitamins instead of birth control pills.

Shelby Nell and Austin Omernick alleged West Bend Clinic filled Nell’s birth control prescription with prenatal vitamins. She got pregnant before she realized the mistake and gave birth to a healthy boy in 2009.

The couple sued the clinic in 2010, seeking damages related to pain and suffering during the pregnancy and the cost of raising the child to age 18.

The 2nd District Court of Appeals ruled Wednesday, Jan. 30, the couple can’t collect the cost of raising the boy, saying such a claim raises too many avenues for fraud.

The couple can seek damages for suffering, however.

I can understand them being miffed, but this poort kid is going to know someday that his parents actually sued for damages for suffering because he was born.

(4) Comments
Posted by Owen at 1829 hrs
Culture + Law

  1. The appeals court opinion can be read here:

    http://www.wicourts.gov/other/appeals/caopin.jsp?docket_number=2012AP001556

    It is interesting the appeals court did reverse the decision in part.  The parents were found to owe West Bend clinic $2800 in costs when they lost summary judgment in circuit court.  However, the part about emotional damages for suffering is a valid claim according to appeals court, and summary judgment on that aspect was reversed.

    So the judgement of $2800 in costs would be reversed.

    Despite the press account above, this is still a decent win, legally, for these parents, compared to what the circuit court originally ruled.

    It think Appeals court got it right.

    There should be emotional damages for getting wrong drug (and company should pay something for that), but a child should never part of damage equation here.

    All in all, an excellent ruling by appeals court.

    Posted by .(JavaScript must be enabled to view this email address) on January 30, 2013 at 1849 hrs


  2. This situation/type of lawsuit isn’t all that uncommon. In most of the cases I’ve seen, courts deny damages because the pregnancy, while accidental and unwanted, was a “gift” or a “windfall” to the parents once the child was born healthy.

    I’d be curious how a case would come out if the unwanted pregnancy as a result of a pharmacist’s led to the mother’s death…

    Posted by .(JavaScript must be enabled to view this email address) on January 30, 2013 at 1959 hrs


  3. I’d be curious how a case would come out if the unwanted pregnancy as a result of a pharmacist’s led to the mother’s death…

    Yikes. I hope we never find out.

    Regarding the case, though, the birth control pills the woman was going to take would lessen the likelihood of the woman to get pregnant, but they aren’t a 100% guarantee. So buy filling a prescription for birth control pills, the woman was saying she was willing to accept at least the small chance she would get pregnant.

    That does really stink, though, that the error was made. I do hope the boy brings insurmountable joy to his parents.

    Posted by .(JavaScript must be enabled to view this email address) on January 30, 2013 at 2205 hrs


  4. I do not if I will consider this story funny or just really funny. Well, the parents have their point since the nurse mislead them from thinking the medications are birth control. But I think they should not consider giving birth to a healthy boy is a mistake. Giving birth to one should be considered a blessing.

    Posted by Puyalluplawyer on February 04, 2013 at 0057 hrs


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