A Dublin couple have claimed in the High Court that the Irish Family Planning Association Ltd and a doctor should contribute to the costs of rearing and educating their fifth child because of the alleged failure of the husband's vasectomy.
Mr David Brick, an aircraft maintenance engineer, and his wife, Valerie, of Orlynn Park, Lusk, Co Dublin are suing the IFPA and Dr John O'Keeffe, both with addresses at Synge Street, Dublin, for medical expenses, loss of earnings, travel expenses and damages.
In the action before Mr Justice O Caoimh, the couple claim Mr Brick sought family planning advice from the IFPA and Dr O'Keeffe in early 1992. Mr Brick claims he was told he would require a vasectomy operation to render him irreversibly sterile. The operation was performed on April 23rd, 1992.
Mr Brick said he was told not to have unprotected sexual intercourse with his wife until two consecutive negative seminal counts were achieved.
Six specimens were sent. On receipt of the third negative result Mr Brick was told the operation was successful and contraception would no longer be required. He claims that, two months after that information was received, he discovered the operation had failed and his wife became pregnant with their fifth child.
Mr Brick claimed the vasectomy failure was due to the negligence, breach of duty or care, breach of contract and misrepresentation on the part of the IFPA and Dr O'Keeffe.
As a result, the couple complained they had suffered severe personal injury, anguish, distress, anxiety, loss and damage.
The special damages sought include medical fees and the "expenses of rearing and educating a fifth child to maturity".
Mr Brick alleged he had to refuse overtime on numerous occasions because he felt he was needed at home. Ms Brick is claiming damages for "lost opportunity to retain employment", increased medical cover and the cost of a "larger mode of transport".
Both the IFPA and Dr O'Keeffe are denying the claims.
The hearing continues today.