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.
All content © Copyright 2000 - 2014 WorldNow and WKOW. All Rights Reserved.
Persons with disabilities who need assistance with issues relating to the content of this station's public inspection file should contact Anna Engelhart at 608-661-2767. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, at 888-835-5322 (TTY) or at firstname.lastname@example.org.