MADISON, Wis. (AP) -- 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 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.
To comment, the following rules must be followed:
Comments may be monitored for inappropriate content, but the station is under no legal obligation to do so.
If you believe a comment violates the above rules, please use the Flagging Tool to alert a Moderator.
Flagging does not guarantee removal.
Multiple violations may result in account suspension.
Decisions to suspend or unsuspend accounts are made by Station Moderators.
Questions may be sent to email@example.com.
Please provide detailed information.
All comments must adhere to the WSAW.com discussion rules.