Wrongful Conception Case Settled for $250,000

Virginia Lawyers Weekly – Published May 22, 2023

A 34-year-old married man underwent a vasectomy procedure performed by his primary care physician. Two post-vasectomy semen analyses revealed that the vasectomy had failed and the patient was highly fertile. Despite this, a nurse aide, at the direction of a physician, informed the patient that the PVSA results were “good and normal.” When the patient asked for confirmation that “good and normal” meant that the vasectomy was successful, another nurse aide advised him that a physician had reviewed the PVSA results and confirmed the success of the procedure. 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 and pain and suffering. The medical damages in this case were less than $23,000, with the majority of the settlement representing compensation for pain and suffering.

The Plaintiffs were represented by Alexandra Humphreys, Esq. of Wharton Aldhizer& Weaver, PLC in Harrisonburg, Virginia.