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Wisconsin couple wanted birth control, got vitamins and a pregnancy instead

A clinic's mistake blessed a Wisconsin couple with a baby, but cursed them with the cost of raising him.
A clinic's mistake blessed a Wisconsin couple with a baby, but cursed them with the cost of raising him.

A few years ago, Shelby Nell went to West Bend, Wisconsin's Froedtert & Community Health Clinic to get a birth control prescription. The clinic mistakenly gave her vitamins instead.

SEE ALSO: St. Paul pigeons get free birth control

Before Nell and her partner, Austin Omernick, realized she was taking vitamin E instead of the desired estrogen and progestogen, she was pregnant, and she ended up gaving birth to a healthy boy in 2009.

But Nell and Omernick sued the clinic, alleging that due to medical malpractice, it should be responsible for all costs associated with raising their boy until he's 18.

Today, an appeals court ruled against the couple. Compensating them for all costs associated with raising the child "raises too many avenues for fraud," says an AP report on the ruling. But not all is lost for Nell and Omernick -- the court ruled they can still sue the clinic for "pain and suffering" incurred during Nell's pregnancy.

If they go that route, the lawsuit could be a tough thing to explain to little Johnny when he gets a bit older. "Your new bike, son, is thanks to all the pain and suffering you caused mommy while you were inside her." But then again, if the clinic hadn't messed up (or if Nell opted for an abortion), he wouldn't exist in the first place.


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