A Minnesota couple’s “wrongful conception” lawsuit accuses a urology practice of misinforming them about the success of the husband’s vasectomy, resulting in an unplanned pregnancy and the birth of their fourth child. The lawsuit, which is headed to trial on Monday, was filed in 2023 in Minnesota state court by Steven and Megan Szlachtowski, who want Minnesota Urology to pay costs associated with raising their child. According to a court document, a nurse at the practice who has since died misinformed them after the procedure in 2018 that it had been successful.
Megan Szlachtowski, under the impression they could have sex without contraception, became pregnant several years later. In December 2018, the couple, who were already raising three children, decided Steven would undergo a vasectomy. In May 2019, the couple received the post-procedure test results from nurse Jennifer Whelchel, who said it was “ok to discontinue contraceptives,” according to the lawsuit.
However, the test was actually positive for the presence of live sperm, both sides in the lawsuit agree. Almost four years later, in March 2023, Megan learned she was 15 weeks pregnant. Both sides agree that the urology practice was negligent when it misinformed the couple about the post-procedure test results and that the mistake led to Megan’s pregnancy, according to a stipulation filed in the suit.
If the trial takes place as scheduled, it will focus on what, if any, damages the couple is owed. The com.