WEST BEND (WKOW) -- A state appeals court ruled Wednesday 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.
In the lawsuit, Shelby Nell and Austin Omernick claim West Bend Clinic filled Nell's birth control prescription with prenatal vitamins.
The couple gave birth to a healthy boy in 2009 and 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 the couple can't collect the cost of raising the boy, because the precedent would create too many avenues for fraud. However, the couple can seek damages for suffering.
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