Woman Sues For "Wrongful Life" Pregnancy

[michelle_notduggar]

Yesenia Pacheco, a mother of two living in Seattle, was using the shot as birth control. Apparently, the clinic had given her a flu shot instead of her scheduled birth control. She got pregnant and the daughter has special needs. She is suing for "wrongful life."

Thoughts?

Article: fox59.com/2015/08/08/lawsuit-woman-becomes-pregnant-after-clinic-gives-her-flu-shot-instead-of-birth-control/

[Snarkylark]

I'll take a stab at it:

The clinic screwed up. That's a medical error on their part. They should be held responsible to some extent. However, it's possible that it was an error in billing and she actually did receive depo but was billed for influenza. I'm not sure how to really prove it, either way. My hospital has a scanning system where meds are scanned before they are administered, reducing these kinds of errors. She could have received the depo shot and still gotten pregnant anyway as no birth control is 100% effective.

IF they can prove she did not get the depo shot then I think she has a good case. Wrongful life, though? I don't know anything about the legal terminology to say whether that is appropriate or not.

[RosyDaisy]

My sister got pregnant with her youngest while on depo shots. So it is possible.

[DeFrauder]

This is obviously a message from God that a special egg needed to be fertilized. God switched the vials and had the nurse inject a flu vaccine instead of that wicked God thwarting Deprovera (also known as sin in a bottle).

Is that NOT clear?? God will not be mocked!

[WhiteRun]

I don't think "wrongful life" and "loves her child" should be used in the same context. No birth control is 100% baby proof and if she was told that then her case is shot (no pun intended). But did that clinic seriously not check what they were jabbing a patient with?! That would make me pretty nervous.

[catparty]

I'm down. We don't know what additional birth control methods she uses; I'm on the pill, and the boy and I also use other contraceptive methods with a much lower success rate on a "just in case" level. If I didn't get my bc pills or they weren't potent due to pharmacy error, just using the sponge or foam would surely result in a pregnancy I'd have trouble foreseeing.

If she doesn't, I still think the rate of failure with the shot versus chances of getting pregnant while off of it are drastically different enough that she might have a case.

[Geechee Girl]

This is a tough one. I'm inclined to think the special needs of the child is prompting the lawsuit. The "wrongful life" aspect turns my stomach.

[2xx1xy1JD]

Wrongful birth lawsuits have been around for years. They are most common in cases where doctors fail to properly inform patients of the risks of having a child with serious birth defects. I understand the legal reasoning behind these lawsuits, but still find them problematic.

These lawsuits require a parent to swear under oath that they wish that the child had never been born. After all, the doctor didn't cause the birth defect, and you can't sue just because mother nature fucked up.

In this case, there could be a question of whether the damages could have been mitigated (via abortion or adoption), or whether the damages were too remote to foresee. A clinic may expect that an unplanned pregnancy is the result of not giving the right Depo shot. It might not anticipate that the pregnancy would result in a child with a rare disorder.

[catparty]

Perhaps wrongful conception then?

It's a complicated issue that I see both sides of and only wish there were a more discrete way of handling it so that the kid (I'm not aware of the extent of their handicap) and their peers won't be aware of this in the future.

[mollysmom]

I totally understand her being angry but how do you prove they gave you the flu shot instead of birth control? How does SHE even know?

I feel sorry for the child!!! Can you imagine growing up & finding out your mom tried to sue for wrongful life after she had you? What a shitty feeling!

[catparty]

I totally understand her being angry but how do you prove they gave you the flu shot instead of birth control? How does SHE even know?

I feel sorry for the child!!! Can you imagine growing up & finding out your mom tried to sue for wrongful life after she had you? What a shitty feeling!

I assume that they told her, that's something they'd want to tell a patient right away after the mistake was discovered. It isn't like they'd have mislabeled vials of solution lying around, so it was more than likely a paperwork error.

[karen77]

I wonder if the reason why she is on the shot is because having a child for her would result in a child with a rare disorder...some people are genetically pre-disposed to it.

[Maggie Mae]

There was a Jodi Picoult book about a similar lawsuit. I know its fiction, but it was an interesting look at wrongful birth lawsuits.

[MalteseBaby]

I am not an attorney so cannot argue the points of law as one, however I have some practical, non- attorney questions which I think are reasonable:

The Fox article states that the child born suffers from a brain disorder:

"Sandra was born in 2012 with a brain malformation affecting motor and speech called unilateral perisylvian polymicrogyria."

The article also states that the woman found out she was pregnant around 12 and a half weeks and was offered a free termination.

So why didn't the woman terminate the pregnancy? The polymirogyrias are genetic diseases. Here is an explanation of the genetic familial expression from a medical journal, thus link not broken. http://jmg.bmj.com/content/42/5/369.full#sec-13

Did the woman know she had a major chance of having a child born with profound genetic brain impairments? She has 2 other children.

The clinic screwed up and the woman can sue for malpractice and/ or negligence and will some renumiration, but they weren't negligent when they properly diagnosed her pregnancy and offered her the termination early in the pregnancy. It seems to me that any person would choose termination in the face of such devastating brain impairments.

I think she saw $$$$$.

[HarryPotterFan]

There was a Jodi Picoult book about a similar lawsuit. I know its fiction, but it was an interesting look at wrongful birth lawsuits.

This case reminded me of that book as well! In the book the mother sued the midwife for wrongful birth (even though she was personally against abortion) because she couldn't keep up with hospital bills.

[catparty]

I am not an attorney so cannot argue the points of law as one, however I have some practical, non- attorney questions which I think are reasonable:

So why didn't the woman terminate the pregnancy?

Maybe she didn't feel like it? Maybe she doesn't believe in them or grew attached to the fetus.

The clinic screwed up and the woman can sue for malpractice and/ or negligence and will some renumiration, but they weren't negligent when they properly diagnosed her pregnancy and offered her the termination early in the pregnancy. It seems to me that any person would choose termination in the face of such devastating brain impairments.

I think she saw $$$$$.

I'd sue also, and wouldn't be able to say whether I'd have terminated. I'm very adamantly pro-choice and used to work for NARAL, so I'm not at all morally opposed to it, but it's still a very big decision to have an abortion. Most people don't take it lightly.

There's also the larger issue of her choosing to have permanent surgical sterilization via tubal ligation but it would require the mother to take active responsibility for stopping reproduction.

I considered abortion when I thought I was pregnant. It was because of the chance of significant mental illness which runs in my family; I was lucky enough not to develop the sort of mental illness which leaves people hospitalized because they can't stop hurting people and no amount of medication will fix it, but many of my cousins - including two serial murderers who I've had the awkward experience of getting to study about in psychology courses - were. It gives me SERIOUS hesitations about breeding, but even then, with this staring me down the barrel, I still want children.

I know the two aren't comparable, but I want to share that so that people can understand the complicatedness of the situation. It isn't as easy as just getting the old snip-snip, even when you know that's the more humane decision.

[MalteseBaby]

Maybe she didn't feel like it? Maybe she doesn't believe in them or grew attached to the fetus.

I'd sue also, and wouldn't be able to say whether I'd have terminated. I'm very adamantly pro-choice and used to work for NARAL, so I'm not at all morally opposed to it, but it's still a very big decision to have an abortion. Most people don't take it lightly.

I considered abortion when I thought I was pregnant. It was because of the chance of significant mental illness which runs in my family; I was lucky enough not to develop the sort of mental illness which leaves people hospitalized because they can't stop hurting people and no amount of medication will fix it, but many of my cousins - including two serial murderers who I've had the awkward experience of getting to study about in psychology courses - were. It gives me SERIOUS hesitations about breeding, but even then, with this staring me down the barrel, I still want children.

I know the two aren't comparable, but I want to share that so that people can understand the complicatedness of the situation. It isn't as easy as just getting the old snip-snip, even when you know that's the more humane decision.

You might want to edit your post, since I edited mine before you posted yours. I removed the reference to tubal ligation because I KNEW someone who is a die hard baby lover would take exception to it.

As a nurse, I have seen SO many lives changed and destroyed by the ravages of genetic disorders such as Huntington's Disease, familial brain malformations and so many that affected life for the child, such as that of the child at the focus of the discussion. My comments are based upon good science and responsible reproduction for the health of future generations. It has nothing to do with " serial killers in the family".

[catparty]

You might want to edit your post, since I edited mine before you posted yours. I removed the reference to tubal ligation because I KNEW someone who is a die hard baby lover would take exception to it.

As a nurse, I have seen SO many lives changed and destroyed by the ravages of genetic disorders such as Huntington's Disease, familial brain malformations and so many that affected life for the child, such as that of the child at the focus of the discussion. My comments are based upon good science and responsible reproduction for the health of future generations. It has nothing to do with " serial killers in the family".

Mental illness in the family. I said that it's not comparable to genetic disorders, "but I want to share that so that people can understand the complicatedness of the situation. It isn't as easy as just getting the old snip-snip, even when you know that's the more humane decision."

I'm hardly a die-hard baby lover, and I'm not about to edit my post because you're butthurt that someone's empathetic with this person.

[snarkykitty]

I assume that they told her, that's something they'd want to tell a patient right away after the mistake was discovered. It isn't like they'd have mislabeled vials of solution lying around, so it was more than likely a paperwork error.

It is possible for a clerical/billing code error...at least, if what my hospital told me the truth...

I am hospitalized 2-4 times a year (5-21 days each) and I usually request itemized bills for my hospitalizations. I once discovered 3 charges of $6200 for chemotherapy injections. Mind you, I do NOT receive chemotherapy but I do get PICC Lines (essentially, longer-term IVs for 2-3 week courses of IV antibiotics).

I contacted my doctors and the hospital billing office, and upon investigation, was told that it was a clerical error and that I never received the medication. There was no way to test - this was about 6-8 weeks after my hospital discharge - so I basically had to believe everyone.

Obviously this is hugely different in scope, but clerical errors can happen. It's less likely these days (all meds bedside at my hospital have to be both entered manually, then scanned (and you have to hit "ENTER" to approve it). And I mean everything, even OTC itch cream.

[MalteseBaby]

Mental illness in the family. I said that it's not comparable to genetic disorders, "but I want to share that so that people can understand the complicatedness of the situation. It isn't as easy as just getting the old snip-snip, even when you know that's the more humane decision."

I'm hardly a die-hard baby lover, and I'm not about to edit my post because you're butthurt that someone's empathetic with this person.

And MY point is that those who know they have SEVERE genetic abnormalities which they can or will ( depending upon prevalence of genetic expression) pass to offspring, have excellent resources other than a Depo injection.

They have the option of permanent sterilization ( TL or Vasectomy) so they cannot pass on a hereditary brain malformation or other life- altering disease. This is the age of assisted reproduction. There is no reason not to use IVF with donor eggs or AI with donor sperm, both of which are tested for genetic abnormalities.

Spend one hour talking to a 60 year old mother with grown sons with Huntington's Disease and you will understand 100%. She didn't have these options, but the current generation and future generations do. It's the ONLY current method of stopping genetic diseases from being " passed on". In the future, we will have chromosomal manipulation and replacement available for all, but right now, it's incredibly expensive and not effective for many allele deletions and translocations. I have a friend whose young granddaughter has Turner's Syndrome. I know how the child and the whole family has suffered so much. It has nothing to do with love. They love her, but her impairment is profound.

Likewise, I lost a nephew to a very rare inborn error of metabolism.

The couple did use IVF, didn't tell their families out of a strange sense of shame or stigma, IDK why, so their entire families worried for 8 months that the second baby could also suffer seizures, blindness, lack of the ability to even suck a nipple, and die the same horrible death as an infant. Their son is fine and thriving as an adult because he couldn't inherit the disease. ( My husband at the time and I did know the pregnancy would be free of the fatal metabolic disorder as they discussed the possibility of IVF with us and we encouraged them to proceed).

Quality of life issues are never easy to discuss, but those of reproductive age who have knowledge of genetic abnormalities carried have to deal with the issues.

[DGayle]

Anyone who sues for "wrongful life" is cruel and evil. I can understand being disappointed birth control fails, or mad that a wrong shot was given, but there are legal options, such as abortion and adoption. If you don't want the child and don't use either of those legal options, then shut the fuck up about how you wish the poor child in your custody hadn't been born.

I'm not making an exception for diseases since a wrongful life case genuinely means saying to your child that you wish they were dead or otherwise weren't breathing, but that you're too selfish to let them go to a home where they are wanted.

[2xx1xy1JD]

And MY point is that those who know they have SEVERE genetic abnormalities which they can or will ( depending upon prevalence of genetic expression) pass to offspring, have excellent resources other than a Depo injection.

They have the option of permanent sterilization ( TL or Vasectomy) so they cannot pass on a hereditary brain malformation or other life- altering disease. This is the age of assisted reproduction. There is no reason not to use IVF with donor eggs or AI with donor sperm, both of which are tested for genetic abnormalities.

Spend one hour talking to a 60 year old mother with grown sons with Huntington's Disease and you will understand 100%. She didn't have these options, but the current generation and future generations do. It's the ONLY current method of stopping genetic diseases from being " passed on". In the future, we will have chromosomal manipulation and replacement available for all, but right now, it's incredibly expensive and not effective for many allele deletions and translocations. I have a friend whose young granddaughter has Turner's Syndrome. I know how the child and the whole family has suffered so much. It has nothing to do with love. They love her, but her impairment is profound.

Likewise, I lost a nephew to a very rare inborn error of metabolism.

The couple did use IVF, didn't tell their families out of a strange sense of shame or stigma, IDK why, so their entire families worried for 8 months that the second baby could also suffer seizures, blindness, lack of the ability to even suck a nipple, and die the same horrible death as an infant. Their son is fine and thriving as an adult because he couldn't inherit the disease. ( My husband at the time and I did know the pregnancy would be free of the fatal metabolic disorder as they discussed the possibility of IVF with us and we encouraged them to proceed).

Quality of life issues are never easy to discuss, but those of reproductive age who have knowledge of genetic abnormalities carried have to deal with the issues.

I've seen similar lawsuits where the tubal ligation severed the round ligament instead of the fallopian tube, resulting in an unplanned pregnancy. Here's an interesting one, that granted damages for unwanted pregnancy but not for the costs of raising the child (who was healthy and ultimate greeted with joy by the parents): http://www.canlii.org/en/on/onsc/doc/19 ... i8028.html

[Terrie]

The hypothetical I've heard in law school fro "wrongful life" is the doctor withholds information, based upon which the woman would have chosen to abort. Ultimately, I would simply call it what it is -- medical malpractice.

[Maggie Mae]

The hypothetical I've heard in law school fro "wrongful life" is the doctor withholds information, based upon which the woman would have chosen to abort. Ultimately, I would simply call it what it is -- medical malpractice.

I think of it as similar to malpractice.However, malpractice defintion includes loss or injury.

If the doctor screws up during delivery, and the child is injured, thats clearly malpractice. If the doctor withholds information or misses a genetic condition during ultrasound, there is no injury or loss.

I have no problem with wrongful birth lawsuits. Just like I have no problem with calling miscarriages "spontaneous abortion."

[DGayle]

How do you think it affects a child to grow up knowing that Mom and Dad were so upset over that child's birth that they sued for monetary damages? That they feel they need to be financially compensated because you're alive? If someone wants to sue because their child is breathing, they need to give up that child first, for the sake of that child's mental well-being.