Appeals Court Rules Couple Can’t Sue for Cost of Raising Child

A Wisconsin state appeals court ruled against a West Bend couple who were suing a clinic for the costs of raising a child after the clinic mistakenly gave the mother vitamins instead of birth control pills.

Shelby Nell and Austin Omernick brought the suit against West Bend Clinic after Nell’s birth control prescription was filled with vitamins.  She only realized that she was given the wrong prescription after she got pregnant later that month.  Nell gave birth to a healthy boy in 2009, but sought damages for pain and suffering during the pregnancy and to recoup the cost of raising the child.

The 2nd District Court of Appeals ruled that the parents were ineligible to collect the cost of raising the child, as it would open up too many new avenues for fraud.  Others also claim that it was Nell’s decision to keep the child instead of giving it up for adoption, and by keeping the child she was knowingly accepting the cost associated with raising a child.

The Court of Appeals did rule that the couple can seek damages for pain and suffering associated with child birth.  Nell did not specific if she would pursue those damages.

Related source:  Pioneer Press

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 Appeals Court Rules Couple Can’t Sue for Cost of Raising Child
Katie is a partner at Heimerl & Lammers, and heads the family law group at the firm. She represents clients in all areas of family law, from divorce mediations, to child custody disputes. Katie received her law degree from Hamline University. Katie lives in south Minneapolis with her husband and son. In her free time, she loves to cook and travel.