‘Wrongful pregnancy’ case weighs joy of unplanned child and responsibility for failed vasectomy

“We leave that to the jury,” Thomas said.

The Szlachtowskis estimated the cost of raising the child to be somewhere between $300,000 and $600,000. He hired Felix Friedt, an economics professor at Macalester College in St. Paul.

If the jury decides that the joy of raising children is worth less than that, the differences will be part of any possible damages awarded to the Szlachtowskis.

But these are not the only losses they can gain. In her pretrial decision in this case, Judge Bridget Sullivan ruled that the only thing that could be weighed against the “assistance, comfort, and society” provided by the child’s birth were the costs and expenses of raising the child. This means that if the jury decides on other damages (e.g. physical pain, medical damages, loss of economic opportunity, or emotional distress), they won’t have to be compared to anything.

The Szlachtowskis also sought more than $6 million in connection with “lost earning capacity” and sought punitive damages before trial.

The lawsuit alleged that both parents’ earning potential was hindered by the unplanned pregnancy. The Szlachtowskis argued that they both waited until their other children reached kindergarten age before applying for additional employment opportunities. Megan stated that she would apply for a job in Chicago, which might include a significant pay raise, but was unable to because the family needed to remain in Minnesota for support raising their newborn. Steven said his search for career advancement and salary increases has also stalled.