Type of action: Wrongful conception
Date resolved: 2/1/2023
Verdict or settlement: Verdict
Attorney for plaintiff: Alexandra Humphreys, Harrisonburg
Description of case: A 34-year-old married man and father of three underwent a vasectomy procedure performed by his primary care physician. Post-vasectomy semen analysis revealed that the vasectomy had failed and the patient was highly fertile. Despite this, a nurse at the physician’s office informed the patient that the PVSA results were “good and normal.” When the patient asked for physician confirmation regarding the meaning of “good and normal,” a nurse at the practice advised him a physician had reviewed the PVSA results and that “good and normal” meant the patient was sterile. Relying on the practice’s assurances that he was sterile, the patient resumed sexual relations with his wife, resulting in the conception and birth of a healthy baby.
In Virginia, a plaintiff in a “wrongful conception” case may not recover damages for the cost of rearing a child. Rather, damages that can be presented at trial are limited to the mother’s medical expenses related to the pregnancy, plus pain and suffering. The medical damages in this case were less than $23,000.
Plaintiff’s counsel Alexandra Humphreys provided case information.[023-T-019]