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Posted: Wed 10:18 AM, Jan 30, 2013
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Wis. Couple Can't Collect in Birth Control Mix-Up

Posted Wednesday, January 30, 2013 --- 10:15 a.m.

MADISON, Wis. (AP) -- A state appeals court says 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, saying such a claim raises too many avenues for fraud. The couple can seek damages for suffering, however.

Copyright 2013: Associated Press

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  • by Name Location: Location on Jan 30, 2013 at 10:26 AM
    Wow, really!? Even with birth control there's a risk of pregnancy. You do the deed, you take the risk and should be prepared for the "consequences." You don't want to raise a baby, you put it up for adoption. You don't sue someone to pay for your child. Not to mention, this ever gets back to this poor child, do you think he's really going to feel loved!? This poor baby...
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