Article Author:
Associated Press
Jean Johnson ( )
SEATTLE (AP) — The Washington State Supreme Court has ruled that under state law, it is questionable for judges to award so-called special damages. says no. A case of "living wrong" where the child has a birth defect or a disability that requires extensive care.
Thursday's unanimous decision was made in the case of a woman who became pregnant after being mistakenly given her flu vaccine instead of contraceptives at a federally funded clinic in 2011. was taken down. Her child was born with a condition that causes cognitive delay, speech and language deficits, epilepsy, and visual impairment.
Following a 2020 trial, U.S. District Judge Robert Lasnik awarded child Sandra and her parents, Yesenia Pacheco and Luis Lemus, $10 million — $7.5 million. her medical, educational, and other expenses, and $2.5 million in damages to her parents.
Because Neighborcare Clinic is federally funded and serves low-income patients, the federal government was ordered to pay damages.
The Department of Justice appealed to the Ninth Circuit Court of Appeals. Because the women did not specifically seek contraception to prevent the birth of a child with a birth defect, it argued that it was not a foreseeable consequence of clinic negligence. He argued that it was not
The government should only be held responsible for the costs associated with pregnancy and childbirth (approximately $42,000) and damages for continuing care and costs after that birth. I said no compensation.
The Ninth Circuit asked the Washington Supreme Court to clarify the state law regarding careless reproductive health-her care, and in her 9-0 decision drafted by Justice Mary Yu, the Court dismissed the government's claims. She said Washington is "one of the few states that allows for a wide range of claims by both parents and children." After seven years of litigation, he said the case should be nearly closed, saying, "I don't know what's up for debate." He criticized the government for appealing.
"This whole appeal served no purpose other than to delay her treatment and further harm this child." He told the Associated Press. "It's been a long road. The government has to pay."
Seattle's federal attorney's office did not immediately issue a response to the verdict.
The child, who turned 10 this month, continues to live with her parents in the Everett area, Maxwell said. She is nearly blind, has seizures, falls frequently, and is generally "severely disabled," but works at a fast food restaurant unless court-approved damages are actually paid. Her mother and her father, who works as a janitor, are living well. I can afford to take care of her.
Pacheco is a refugee from El Salvador who immigrated to the United States when she was 16 years old. She used to go to the doctor's office for quarterly injections of Depo-Provera, a hormone used for birth control, but had a walk-in flu shot throughout the day, but instead gave her a flu vaccine.
The clinic did not notify Pacheco of the error until after they called to make their next appointment. By then she was pregnant.