Madison
58° F
Partly Cloudy
Partly Cloudy
Advertisement

Pair suing in birth control swap can’t get child-rearing costs

Published On: Jan 30 2013 11:06:09 AM CST
Birth control pills file 2

iStock/meltonmedia

MADISON, Wis. -

A state appeals court said 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, and said such a claim raises too many avenues for fraud. The couple can seek damages for suffering, however.

Advertisement
  • Nepal earthquake aftermath

    Omar Havana/Getty Images

    Nepal earthquake: Aftershocks, aftermath

    A major 7.8 earthquake hit Kathmandu mid-day on Saturday. Many houses, buildings and temples in the capital were destroyed, leaving thousands dead or trapped under the debris as emergency rescue workers attempt to clear rubble and find survivors.

  • Baltimore police protests 8

    Alex Wong/Getty Images

    Violence, arrests at Baltimore police protest

    A peaceful demonstration in Baltimore on Saturday came to an end when police in riot gear tried to hold a line, and a few protesters vandalized police cars, threw objects at officers, cursed at them and scuffled with them.

  • PHOTOS: Viewers drop off sensitive documents for Shredfest

    The WISC-TV studio parking lot was busy with hundreds of viewers bringing their sensitive documents to be destroyed as part of Shredfest with the Better Business Bureau Saturday morning.

    A combined 1,295 cars dropped off bags of papers at WISC-TV on Raymond Road and SVA Certified Public Accountants firm on John Q. Hammons Drive.

    News 3 and Better Business Bureau team members unloaded bags of documents from viewers' cars and Pellitteri Waste Systems' Data Destruction team put the papers into the shredding trucks.

Advertisement