In Cohen v. Cabrini Med. Ctr. (94 N.Y.2d 639 [2000]), the plaintiff husband underwent surgery to enhance his fertility. However, the surgery resulted in a lower sperm count and the plaintiff wife brought an action based on her failure to conceive a child with her husband. The Court declined to extend the duty of care to the plaintiff wife because no treatment or care of her was ever contemplated. The Court of Appeals refused to extend a physician's duty of care to a non-patient wife, who was unable to bear a child conceived with her husband following an alleged malpractice upon her husband. The Court found that the physical harm suffered by the plaintiff was the result of her voluntary election to undergo an additional procedure and thus the physician could not exercise any control. It is worthy of note that in this case, Brendan Shea voluntarily chose to undergo a vasectomy.