A Eugene, OR. physician and his medical partners are being sued by a local couple for $650,000, due to a “wrongful birth” that didn’t allow them the chance at avoiding pregnancy, as reported by The Register-Guard.
Scott and Donnita Bassinger claim that Dr. Stephen Schepergerdes, and the Oregon Medical Group, are guilty of negligence and misrepresentation that led to the birth of an unplanned for child.
The requested sum of $650,000 is to help defray the cost of the Cesarean delivery, the child’s upbringing, and his future college education.
The child’s name is being withheld to protect his privacy.
The suit alleges that on March 30, 20007 Schepergerdes encountered complications during Scott Bassinger’s vasectomy procedure. Schepergerdes noted that Bassinger’s tubes were thin and difficult to dissect – but he chose not to inform the couple of this.
Both Schepergerdes and the Oregon Medical Group failed to respond with a comment on the lawsuit when requested by The Register-Guard.
“Wrongful birth” lawsuits are malpractice lawsuits usually made by parents whose children sustained birth defects. In those circumstances physicians are charged with negligence, or for their lack in offering advice, that allow parents the opportunity to either chose to use contraception or terminate an unwanted pregnancy.
In an e-mailed comment for this story the Bassinger’s told The Register-Guard, “We are thankful for our child every day. He is loved and adored by our family and friends. We didn’t know we needed this baby to complete our family. The issue is not our love for our child.”
The e-mail continued, “I am sure you are aware of the challenges of raising a child late in life and the increased medical risks one faces when having a baby at age 42. The medical diagnosis is ‘Advanced Maternal Age,’ which meant Donnita had to endure numerous tests and procedures and we had months of anxiety. Luckily, Donnita was healthy throughout her pregnancy and our child is very happy and healthy.”
The lawsuit states that Schepergerdes failed to “correctly read and interpret” the Oregon Medical Group’s laboratory report – a semen report to verify Scott Bassinger’s sterility – that clearly showed that Bassinger’s sperm count was “too numerous to count” after the vasectomy procedure.
Instead, Schepergerdes told his office staff to tell Bassinger that his semen specimen was now “without sperm.”
By December of 2008, Donnita was pregnant.
The couple is seeking $35,000 for Donnita’s pregnancy and delivery, $500,000 for the child’s expenses until the age of 18 and $140,000 for his college education.
Dominick Vetri of the University of Oregon Law School, said that U.S. courts have allowed cases like this in the past – a precedent dates back to 1994 from the Oregon Supreme Court – and said that it is “appropriate for the couple to be able to claim damages for the upbringing of the child.”
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