Couple Won $1.1 Million For ‘Wrongful Conception’ of Healthy Baby

Minnesota couple recently won a $1.1 million verdict after a mistake during a routine vasectomy led to the unplanned birth of their child.

Steven Szlachtowski underwent the procedure in December 2018, confident it would make him sterile and prevent any future pregnancies.

Several months later, during a standard follow-up test in May 2019, a nurse at Minnesota Urology reassured him that the vasectomy had been successful and advised him it was safe to stop using other forms of contraception.

Fast forward to March 2023, when Steven’s wife, Megan Szlachtowski, discovered she was 15 weeks pregnant—despite the fact that they had been relying on the vasectomy. The news came as a complete shock. The couple had planned their family carefully, and this unexpected pregnancy forced them to reconsider everything.

They filed a lawsuit for medical malpractice, claiming the emotional distress and financial hardship of raising a child they hadn’t anticipated. Their lawsuit specifically targeted the nurse who had provided the misleading advice.

According to the Szlachtowskis, the nurse was frequently late to work, sometimes appeared to be under the influence of alcohol, and had a history of making errors. Unfortunately, the nurse had passed away in 2022, before the pregnancy was discovered, which made the legal proceedings more complicated.

The Szlachtowskis initially sought $6 million in damages, including punitive damages, to compensate for the emotional turmoil and financial burden caused by the mistake. They argued that the “wrongful conception” had turned their lives upside down, placing a heavy and unexpected responsibility on their shoulders.

After a trial, the jury returned a verdict of $1.1 million, taking into account the couple’s pain and the unexpected costs of raising a child.

Minnesota is one of the few states that allows for “wrongful conception” claims, even when the child is born healthy. The concept, while controversial, raises complex questions about personal responsibility, medical malpractice, and the financial realities of parenting.

In such cases, courts are tasked with balancing the joy of having a child with the financial impact of raising one—especially when the child was conceived through medical error. This was the very issue addressed by the Minnesota Supreme Court in Sherlock v. Stillwater Clinic (1977), which set the precedent for wrongful conception cases in the state.

The court ruled that parents could be compensated for the financial costs of raising a child they did not intend to conceive, acknowledging that while the issue was uncomfortable, the economic burden was real.

In the Szlachtowski case, the facts of the malpractice were clear, the vasectomy had failed, and the nurse had given incorrect medical advice.

The challenge for the jury was determining the amount of compensation that would be fair for the emotional distress and unexpected expenses the couple had endured. The judge ruled before the trial that punitive damages would not be appropriate, so the jury’s task was limited to awarding compensatory damages.

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The final breakdown of the $1.1 million award included $450,000 for Megan Szlachtowski’s emotional pain and embarrassment, $150,000 for Steven Szlachtowski’s emotional distress, $15,000 each for the couple’s loss of spousal services, $62,773.59 for healthcare expenses, $23,815.31 for lost income due to Megan’s maternity leave, $35,320.24 for past child-rearing expenses, and $386,156.76 for the future cost of raising their son until he turns 18.