A woman claims a Seattle community clinic made a big mistake when she says they gave her a flu shot instead of a birth control injection.
According to KIRO-TV, Yesenia Pacheco says that mistake resulted in an unplanned pregnancy. She already has two children and says she didn’t want a third.
She is now suing the federal government for medical bills and pain and suffering because the clinic was federally funded.
Pacheco was getting the Depo-Provera birth control injection every three months at the NeighborCare Health clinic.
On some visits, the lawsuit claims, the clinic failed to maintain adequate charting by sometimes not noting Pacheco had been receiving the shots at all.
In September 2011, Pacheco says she scheduled her next birth control injection.
Her lawsuit claims she got a shot, but not that one.
Instead, she got a flu shot.
Pacheco’s attorneys have a chart showing that she was billed for the influenza injection.
When she went to the clinic three months later for another birth control injection, the clinic informed her that she had instead received a flu shot at her last appointment.
It was then that a pregnancy test was issued, and turned up positive.
Pacheco said, “I asked what happened, and they said ‘you are two months pregnant, you don’t have to have it, you won’t have to pay anything.”
The doctor at the clinic told her that she did not know how the “miscommunication” happened.
Undergoing an abortion was not an option for Pacheco, given her personal beliefs.
After a difficult pregnancy, her daughter Sandra was born in 2012 with a brain malformation affecting her motor and speech skills.
Sandra is now 3-years-old.
According to KIRO-TV, Pacheco’s attorneys, Steve Alvarez and Mike Maxwell, say that the clinic’s failures should legally be considered the cause of the Sandra being born into a “wrongful life”, and that this comes “as a direct and proximate result of Defendant’s negligent acts and/or omissions to perform the medical care with due care.”
Sandra’s parents now have to administer medication to avoid seizures twice a day.
“It’s hard. I already have two girls. I didn’t want anymore,” said Pacheco.
The clinic said that they are “an organization that puts safety first and are very focused on patient safety.”
They also said that they “will learn from this situation” but cannot make any other comments because it is a lawsuit.
They are suing for an unspecified amount, they say, for medical bills and pain and suffering.