Failed vasectomy

Asked over 5 years ago - Tacoma, WA

My wife and I had 2 healthy, beautiful children and we decided we were done shortly after my daughter was born. Due to the ease of recovery, minimal complications, and that our insurance covered 95% of it, I had a vasectomy. We followed the Doc's rules and turned in multiple samples, negative, positive, negative, and then clearly positive when my wife became pregnant 4 months post-vasectomy. I went back to the doctor, clearly frustrated and confused and was explained that sometimes this happens and it is possible "not all the sperm has worked itself out", even though my wife and I had intercourse and successful ejaculations over 30 or more times in the 90 days post vasectomy. Shortly after, I turned in 2 additional samples both "negative", and was contacted by the Doctor's office as officially "sterile". Here's where it get's interesting...I now have 3 healthy, beautiful children, and my wife and I have once again become pregnant. It has been close to 3 1/2 years since my vasectomy procedure and we are expecting our 4th child...The 1st time it happened post vasectomy we can understand, and accept responsibility for, as we did not get two consecutive "negative" results. Now a 2nd pregnancy post-vasectomy, and a 4th child is not only a miracle, but certainly and un-expected change in our life. Are there legal ramifications in our situation? I have researched this subject and only read of a few scenerios, usually within the first 2-4 months post-vasectomy. I feel that the surgery was botched and want to know my legal rights.

Attorney answers (1)

  1. Mark S Britton

    1

    Lawyer agrees

    Answered . Here is a simlar question that addresses your questions:

    http://www.avvo.com/legal-answers/vasectomy-cam...

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