In a certified question from the U.S. Court of Appeals for the Ninth Circuit, the Washington State Supreme Court unanimously held that a patient who received negligent reproductive health care may recover all damages proximately caused by the provider’s negligence.
The patient, Yesenia Pacheco, went to Neighborcare Health, a federally funded community health center, in September 2011 to receive Depo-Provera, an injectable contraceptive medication that is given every three months. However, a medical assistant allegedly failed to confirm why Pacheco was there and “mistakenly injected [her] with a flu vaccine instead,” according to the court’s opinion filed Thursday. The health center did not notify Pacheco of the mistake until her next appointment for the Depo-Provera injection in December 2011.
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