Court awards $1.1M to MN couple over failed vasectomy, unexpected child

EDINA, Minn. (FOX 9) - A court has awarded an Excelsior couple who had a child after a failed vasectomy a $1.1 million judgment.

Background

According to the lawsuit, Steven Szlachtowski went to Minnesota Urology in Edina for the vasectomy. After the procedure, a nurse told Szlachtowski and his wife they were clear to stop using contraception. But, the company admits testing showed the vasectomy procedure hadn't worked.

Four years later, the couple gave birth to a boy. Despite the lawsuit, we'll never know how the error occurred, because the nurse that spoke with the couple has since died.

What's new?

On Nov. 12, a jury awarded a $1.1 million decision to the Szlachtowski family in the wrongful conception lawsuit for things that included pain, discomfort and emotional distress of Szlachtowski's wife' pregnancy and birth; emotional distress by Szlachtowski; loss of companionship during the pregnancy; health care expenses; loss of earnings; and child care expenses.

The jury awarded a total of $1,138,065.90 to the Szlachtowskis. 

Dig deeper

Minnesota is one of only a few states that allow medical malpractice suits in cases of "wrongful conception."

A 1977 state Supreme Court decision wrote that courts should balance the "aid, comfort, and society" — essentially, the joy of having a child — against the cost of having to raise a child you tried to prevent. 

The defense attorney for Minnesota Urology told FOX 9 he’s handled a handful of cases like this before, but never gone to trial. Until this case, he said parents always dropped their cases, sometimes for small settlements.