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Post Info TOPIC: Mother-of-three sues clinic for 'wrongful life' accidentally 'gave her a flu shot instead of a birth control injection'
Lady Gaga Snerd


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Mother-of-three sues clinic for 'wrongful life' accidentally 'gave her a flu shot instead of a birth control injection'
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Mother-of-three sues Seattle health clinic for 'wrongful life' after she got pregnant when staff accidentally 'gave her a flu shot instead of a birth control injection' 

  • Yesenia Pacheco was getting Depo-Provera contraceptive injections every three months at her local NeighboreCare Clinic 
  • But she claims that in September 2011, a staff member gave her the wrong shot 
  • Shortly after she learned she was pregnant with her daughter Sandra, who was born in 2012 with a brain malformation

By Catherine Townsend For Dailymail.com

Published: 14:03 EST, 10 August 2015 | Updated: 15:21 EST, 10 August 2015

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A Seattle mother-of-three is suing her community clinic after claiming that staff gave her a flu shot instead of her birth control injection - resulting in an unwanted pregnancy.

Yesenia Pacheco says she was getting Depo-Provera injections every three months at NeighboreCare Health clinic but on a visit in September 2011, staff gave her a flu shot instead of her regular birth control,Kiro TV reports. 

Shortly afterwards she discovered that she was pregnant with daughter Sandra, who was born in 2012 with a brain malformation affecting motor and speech called unilateral perisylvian polymicrogyria.

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Medical mistake: Yesenia Pacheco, pictured here with her three-year-old daughter Sandra, is suing her Seattle community clinic after they gave her a flu shot instead of her birth control injection
 
+6

Medical mistake: Yesenia Pacheco, pictured here with her three-year-old daughter Sandra, is suing her Seattle community clinic after they gave her a flu shot instead of her birth control injection

Upset: The mother-of-three (pictured) insists that the clinic kept inadequate records of her birth control injections
 
+6

Upset: The mother-of-three (pictured) insists that the clinic kept inadequate records of her birth control injections

Pacheco claims that she only found out about the mistake when she she went to get her regular shot three months later and they told her she received and was billed for a flu shot and not a birth control shot on her previous visit.

The lawsuit alleges that, among other things, the records kept by the clinic were inadequate because some of her shots were never charted.

Later, she says she was given a pregnancy test showing she was two and a half months pregnant and says the clinic told her: 'You don't have to have it.'

However, due to her personal beliefs, she opted to keep the baby. But since Sandra, now three, requires specialized care, Pacheco and her husband now have to administer medication twice a day to avoid their daughter suffering seizures.

 

 
Mom sues clinic that gave her flu shot instead of birth control
 
video-undefined-2B40AF6D00000578-612_636x358.jpg
 
Medical issues: Pacheco and her husband must give Sandra medicine every day to prevent seizures 
 
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Medical issues: Pacheco and her husband must give Sandra medicine every day to prevent seizures 

Coming clean: She says that although she spoke in Spanish with staff and they understood her, a doctor later claimed that their was a 'miscommunication'
 
+6

Coming clean: She says that although she spoke in Spanish with staff and they understood her, a doctor later claimed that their was a 'miscommunication'

Her lawyers are arguing that the clinic is responsible for what they're calling a 'wrongful life' due to the clinic's negligence, and are seeking an unspecified amount for medical bills, as well as the family’s ongoing pain and suffering.

Pacheco claims that she always communicated effectively with the clinic staff in Spanish, and insists that when she spoke to the doctor shortly after she discovered she was pregnant, he said he didn't know how the 'miscommunication' happened. 

 

 

She says she loves the child, but already had two little girls and didn't want any more, which is why she was on birth control in the first place.

Surprise pregnancy: Though Pacheco adores her daughter, she admits that raising another child has caused financial hardship 
 
+6

Surprise pregnancy: Though Pacheco adores her daughter, she admits that raising another child has caused financial hardship 

Under fire: Pacheco claims that a doctor at this clinic blamed 'miscommunication' for the error
 
+6

Under fire: Pacheco claims that a doctor at this clinic blamed 'miscommunication' for the error

According to Planned Parenthood, Depo-Provera is more than 99per cent effective when administered correctly.  

NeighborCare Health spokesman Health Mark Secord told Kiro TV that they are 'aware of the situation' and 'feel great empathy for [Pacheco]'.

He added that the clinic is 'an organization that puts safety first and are very focused on patient safety and that the clinic will 'learn from this situation'. He declined to speak further due to the pending litigation.

Pacheco is still waiting for a determination on the lawsuit from the U.S. Department of Justice. Daily Mail Online has contacted the clinic for comment.

 
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Read more: http://www.dailymail.co.uk/femail/article-3192622/Mother-three-sues-Seattle-health-clinic-wrongful-life-got-pregnant-staff-accidentally-gave-flu-shot-instead-birth-control-injection.html#ixzz3iRnJ98Uf
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Ohfour


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RE: Mother-of-three sues clinic for 'wrongful life' accidentally 'gave her a flu shot instead of a birth control injecti
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I JUST saw this and was about to post it...

I think she should sue. This is a definite case of malpractice. What if she had been deathly allergic to the flu shot?

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lilyofcourse


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While it is textbook malpractice, I can't imagine finding out my mom didn't want me.

Some times I wonder why everything has to be in the media.

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I agree with you both. Devil's advocate, if she wanted no more children why not have her tube's tied?

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Ohfour


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She may not have been able to afford it.

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ed11563


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I know what to do_sometimes wrote:

I agree with you both. Devil's advocate, if she wanted no more children why not have her tube's tied?

A shot 4 times a year is a lot easier on the patient than laparoscopic surgery. And a lot cheaper.

 

 



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Ok you both are right. Didn't think of that.

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Ohfour


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Here's my thought. She was being responsible. She was doing what she could to prevent a pregnancy. Yes, it may have failed, but the odds are for her. She was not given what she paid for and now she has a special needs daughter. Its quite possible that her daughter IS special needs because of the screw up. That's where i hold them accountable.

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lilyofcourse


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ed11563 wrote:
I know what to do_sometimes wrote:

I agree with you both. Devil's advocate, if she wanted no more children why not have her tube's tied?

A shot 4 times a year is a lot easier on the patient than laparoscopic surgery. And a lot cheaper.

 

 

 Tubal is cheaper in the long run. And it takes about a day to get over it. 

 



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I think if you know you don't want more kids you should have the option of a partial hysterectomy.

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lilyofcourse wrote:

While it is textbook malpractice, I can't imagine finding out my mom didn't want me.

Some times I wonder why everything has to be in the media.

 This.  I wonder how her child will feel about this later in life.



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Ohfour


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FNW wrote:
lilyofcourse wrote:

While it is textbook malpractice, I can't imagine finding out my mom didn't want me.

Some times I wonder why everything has to be in the media.

 This.  I wonder how her child will feel about this later in life.

 In her condition,  she may never even know...



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FNW


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Still, she's suing for wrongful life, not for malpractice. I do not see where she is alleging the seizures are as the result of the flu shot. From what I've read, the child's condition is most likely genetic or caused by an intrauterine infection, which would not be related to the flu shot.

She wants money because she didn't want the financial burdens of an additional child, and now she has one who is racking up medical expenses. I wonder if the child had been born healthy would she be suing.


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I've known obstetricians who quit practicing, because they were sued for malpractice every time a baby was born with ANYTHING wrong.



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She looks young. I didn't have my tubes tied even after I decided I didn't want more kids. I was single. I went a long time being single. But what if I married and he wanted kids? They may not have wanted more kids right NOW but maybe they didn't want to rule the option out long term.

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Ohfour wrote:

Here's my thought. She was being responsible. She was doing what she could to prevent a pregnancy. Yes, it may have failed, but the odds are for her. She was not given what she paid for and now she has a special needs daughter. Its quite possible that her daughter IS special needs because of the screw up. That's where i hold them accountable.

 Yeah, that sounds what the basis of her lawsuit is. But that is a huge allegation to prove.



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I know what to do_sometimes wrote:
Ohfour wrote:

Here's my thought. She was being responsible. She was doing what she could to prevent a pregnancy. Yes, it may have failed, but the odds are for her. She was not given what she paid for and now she has a special needs daughter. Its quite possible that her daughter IS special needs because of the screw up. That's where i hold them accountable.

 Yeah, that sounds what the basis of her lawsuit is. But that is a huge allegation to prove.

 I think it is very unlikely that a flu shot caused her daughter's disabilities. But, who knows?  You can make a jury of lay people believe pretty much anything whether science supports it or not.



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lilyofcourse


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Nobody Just Nobody wrote:

She looks young. I didn't have my tubes tied even after I decided I didn't want more kids. I was single. I went a long time being single. But what if I married and he wanted kids? They may not have wanted more kids right NOW but maybe they didn't want to rule the option out long term.

 I knew when I was pregnant with Aaron that he was my last. I asked for and made arrangements for my tubal while pregnant. I had to wait 6 weeks after he was born. 

I was single too. I knew I never wanted to be pregnant again. I was done having babies.



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My point is not everyone wants to permanently ruin end their chances of having children. Even though you may not want them right NOW you also might not want to take away the the forever chance.

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Lady Gaga Snerd wrote:
I know what to do_sometimes wrote:
Ohfour wrote:

Here's my thought. She was being responsible. She was doing what she could to prevent a pregnancy. Yes, it may have failed, but the odds are for her. She was not given what she paid for and now she has a special needs daughter. Its quite possible that her daughter IS special needs because of the screw up. That's where i hold them accountable.

 Yeah, that sounds what the basis of her lawsuit is. But that is a huge allegation to prove.

 I think it is very unlikely that a flu shot caused her daughter's disabilities. But, who knows?  You can make a jury of lay people believe pretty much anything whether science supports it or not.

 It is possible that because she thought she was on birth control she went to a sushi buffet for lunch every day and binge drank every night. That might have caused her daughter's disability. I don't think they could prove that in court, though. 



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I think she has a pretty strong case. I hope she wins.

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Not every birth defect is someone's fault.

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Whether or not the clinic's screw up caused the birth defect, she still has a case. She was there for her birth control shot. She did not get that. She got another shot.

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lilyofcourse wrote:
ed11563 wrote:
I know what to do_sometimes wrote:

I agree with you both. Devil's advocate, if she wanted no more children why not have her tube's tied?

A shot 4 times a year is a lot easier on the patient than laparoscopic surgery. And a lot cheaper.

 

 

 Tubal is cheaper in the long run. And it takes about a day to get over it. 

 

 Not sure which planet you came from, but even the Lapascopic tubal takes 3-5 days for recovery at best.  Hell, I had a set of liquid ovarian cysts removed via Lap and it took me over the weekend to be able to move freely enough to be able to parent properly.  And I have a decent tolerance of pain. 

 



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FNW wrote:
lilyofcourse wrote:

While it is textbook malpractice, I can't imagine finding out my mom didn't want me.

Some times I wonder why everything has to be in the media.

 This.  I wonder how her child will feel about this later in life.

 As any child who may find out that they were an opps.  There are millions of babies born out of wedlock, between two parents who never marry, who were not wanted.  And they all seem to be able to become decent members of society.  

This is not like she got pregnant, went for an abortion and it didnt stick.  Preventing pregnancy is much different than getting rid of one, which the OP did not do. 



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My mother almost died when she had her tubal. It's surgery - not everyone wants that.

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While I agree that she could sue and probably has a case, I just don't think it is the right thing to do.   I do commend her for having the child rather than aborting it.

My sons have been receiving allergy shots.  Eight months in, they discovered that one of the shots he was receiving was never mixed.  Every week, for 8 months, he was receiving saline in one arm.  Sure, I was pist.    But what were my damages?  Time?  Emotional distress?  Sure.  But what would that get me?  They are paying for the serum.  

I'm curious as to what she is asking.  Does she want the child's medical expenses paid?  Then she will need to prove causation, which would be difficult in this situation.  Or does she want compensation based on the anticipated lifetime of the child, and average costs in child rearing?  That would make more sense if she's suing for wrongful birth.



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ed11563


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Lady Gaga Snerd wrote:

Not every birth defect is someone's fault.

I think that almost all are genetic accidents, absolutely no one's fault. 

 

DS2 was born with club feet. Who should I sue?

 

 



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Ohfour wrote:

Here's my thought. She was being responsible. She was doing what she could to prevent a pregnancy. Yes, it may have failed, but the odds are for her. She was not given what she paid for and now she has a special needs daughter. Its quite possible that her daughter IS special needs because of the screw up. That's where i hold them accountable.

 But it's guaranteed to fail if you don't even get it.  100% the clinics fault.  Whether or not the child is now "wanted" is irrelevant.



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I was pidgeon toed at birth. My parents took me to a podiatrist. My teeth were crooked. I got braces. My sons both have allergies and asthma. I take them to the allergist & pulmonologist.

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I guess the problem I am having is this....a wrongful life action is brought when the failure to diagnose a disease in the mother prevents her from terminating the pregnancy, and the result is a disabled child. Basically the child is alleging he would be better off if he had never been born in this type of lawsuit.

In this situation the mother was offered an abortion. The facts do not indicate whether there was any diagnosis or misdiagnosis made during her pregnancy. The facts in this article blame the mix-up in administering the shot as the cause for the pregnancy. While the mother might have a cause of action against the doctor/clinic, I don't see this as a wrongful life suit.

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How can any life be wrong?

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That's my moral dilemma, too, SB.

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chef wrote:

Whether or not the clinic's screw up caused the birth defect, she still has a case. She was there for her birth control shot. She did not get that. She got another shot.

Yes.  Which I think is the crux of the issue.   



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If we are going to say it's a woman's choice to get an abortion, then it is also her choice not to. The clinic can't simply say "well, we offered her an abortion but she didn't take it", and then wash their hands of the affair. BS. They are stuck with the consequences of whatever SHE chooses after their fvck up.

Also, whether or not she "wanted" the child is also sort of irrelevant. PLENTY of women get pregnant when they don't really want to but that doesn't mean they don't want the child once it is there or would give it up at that point.

NONE of that really matters at this point. They fvcked up, if they have to cough up several hundred thousand dollars to help raise a child that exists as a direct result of their fvck up, so be it.

Lesson is--don't fvck up.

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huskerbb wrote:

If we are going to say it's a woman's choice to get an abortion, then it is also her choice not to. The clinic can't simply say "well, we offered her an abortion but she didn't take it", and then wash their hands of the affair. BS. They are stuck with the consequences of whatever SHE chooses after their fvck up.

Also, whether or not she "wanted" the child is also sort of irrelevant. PLENTY of women get pregnant when they don't really want to but that doesn't mean they don't want the child once it is there or would give it up at that point.

NONE of that really matters at this point. They fvcked up, if they have to cough up several hundred thousand dollars to help raise a child that exists as a direct result of their fvck up, so be it.

Lesson is--don't fvck up.

 I agree. As an aside note, I guess that baby won't get the flu...biggrin



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apple wrote:
huskerbb wrote:

If we are going to say it's a woman's choice to get an abortion, then it is also her choice not to. The clinic can't simply say "well, we offered her an abortion but she didn't take it", and then wash their hands of the affair. BS. They are stuck with the consequences of whatever SHE chooses after their fvck up.

Also, whether or not she "wanted" the child is also sort of irrelevant. PLENTY of women get pregnant when they don't really want to but that doesn't mean they don't want the child once it is there or would give it up at that point.

NONE of that really matters at this point. They fvcked up, if they have to cough up several hundred thousand dollars to help raise a child that exists as a direct result of their fvck up, so be it.

Lesson is--don't fvck up.

 I agree. As an aside note, I guess that baby won't get the flu...biggrin

     apple wins.  But I agree with husker.  On all points.



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