A man underwent a vasectomy in 2018 after which a nurse advised him that the post-vasectomy semen sample he provided was negative, but in fact it was positive. His wife became pregnant four years later and gave birth to a healthy child. They then filed a Minnesota wrongful conception lawsuit in 2023.
The man was 38 and his wife was 33 when they decided that the husband would have a vasectomy because they already had three children under the age of five and they both were concerned how another child would effect their careers. The urologist performed the vasectomy in one of the urology practice’s eighteen offices throughout Minnesota. Several months later, per the routine after a vasectomy, the man submitted a semen sample for testing to determine if the vasectomy was successful. According to the Minnesota medical malpractice lawsuit, a nurse with the urology practice wrongfully advised them that the semen sample tested negative and therefore they could discontinue their use of contraceptives. The nurse who reported the incorrect semen test result died in 2022 at the age of 49.
The wife found out on March 23, 2023 that she was 15 weeks pregnant. The very next day, the man went to the urology practice to have his semen tested again, which came back positive. One month later, the man and his wife filed their wrongful conception lawsuit against the urology practice.
Minnesota Wrongful Conception Claims
The Supreme Court of Minnesota held in its October 14, 1977 decision: “The principal question raised on this appeal is whether and to what extent compensable damages may be recovered for the birth of a normal, healthy child proximately caused by a negligently performed sterilization operation. We hold that in cases such as this an action for “wrongful conception” may be maintained, and that compensatory damages may be recovered by the parents of the unplanned child. These damages may include all prenatal and postnatal medical expenses, the mother’s pain and suffering during pregnancy and delivery, and loss of consortium. Additionally, the parents may recover the reasonable costs of rearing the unplanned child subject to offsetting the value of the child’s aid, comfort, and society during the parents’ life expectancy.”
“Computation of rearing costs must begin with an assessment of the reasonably foreseeable expenses that will be incurred by the parents to maintain, support, and educate their child. In the case of a normal, healthy child, we would anticipate that these expenses could not ordinarily be projected beyond the age of his majority, for it is at that age that the parental duty to support ceases. In keeping with the “same interest” limitation of Restatement, Torts, § 920, supra, and its underlying purpose to prevent unjust enrichment, the trier of fact will then be required to reduce these costs by the value of the child’s aid, comfort, and society which will benefit the parents for the duration of their lives. While we recognize that the dollar value of the benefits to be offset is difficult to assess, we have routinely allowed recovery for the loss of aid, comfort, and society in wrongful death actions where similar problems of proof are presented. See, Sellnow v. Fahey, 305 Minn. 375, 233 N.W.2d 563 (1975); Fussner v. Andert, 261 Minn. 347, 113 N.W.2d 355 (1961). It is also our view that the refusal of a mother to submit to an abortion or of the parents to give their child up for adoption should not be regarded as a failure on the part of the parents to mitigate damages.”
If you suffered harm as a result of wrongful conception (negligent sterilization) due to medical negligence in Minnesota or in another U.S. state, you should promptly find a Minnesota medical malpractice lawyer, or a medical malpractice in your state, who may investigate your wrongful conception malpractice claim for you and represent you in a negligent sterlization medical malpractice case, if appropriate.
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