When vasectomy fails
THE COMMONEST reason for cases coming to court regarding vasectomies is because of pregnancy resulting from the vasectomy failing. A number of high-profile cases in the 1990s established the principal that, although damages could be claimed for the pain and trauma of the pregnancy and the failed operation, the costs of bringing up a resultant child cannot be claimed. A number of courts, including the House of Lords in 1998, concluded that the birth of a healthy child should be regarded as “a blessing” rather than an unmitigated disaster.
Substantial damages have been awarded, however, in cases where the failure of the vasectomy results in complications that cause severe pain.
