Couple awarded $50,000 in vasectomy mishap

Mr. Justice A. W. Bryant concluded that Dr. Smith erred by not cautioning his patient that a second, post-vasectomy sperm test was necessary to reduce the risk of an accidental pregnancy.

Judge Bryant said the 2001 incident disrupted the Philions' careful life planning. He said they were forced to purchase a larger home to accommodate their third child, a daughter who is "healthy, happy and loved."

Providing the information that would have prevented Ms. Philion's accidental pregnancy "was a matter of common sense," Judge Bryant said.

"Dr. Smith made no attempt to speak with Mr. Philion to explain his interpretation of the laboratory analysis or to inform him how the pregnancy occurred - except to suggest that his spouse was having sexual affairs."

Judge Bryant was also critical of an expert urologist who testified for the defendant, saying that the man quibbled to avoid answering questions, and "assumed the role of an advocate for Dr. Smith."

David Leonard, a lawyer for Dr. Smith, said in an interview that the decision is "disappointing," since no number of sperm tests can truly remove the possibility that severed sperm ducts could spontaneously reconnect.

"The first test confirmed that surgery was successful," Mr. Leonard said. "The tubes were snipped and the flow of sperm was stopped. The issue became recantilization, where the two ends of the tube reconnect spontaneously."