Wrongful Life Lawsuit Awards Plaintiff $10M After Seattle Nurse Gives Flu Shot Instead of Birth Control
According to reporting by the Seattle Times, a federal judge has awarded just over $10 million in a wrongful life lawsuit brought against the government for the negligence of a nurse at a federally funded health care clinic. The suit was brought because of an unwanted pregnancy caused by the nurse’s negligence when she administered a flu shot instead of the quarterly birth control injection. The negligent action ended in the birth of a severely disabled child and the birth injury award is intended to pay for the future care of the child, now eight years old.
How the award was broken down
The award was broken down into $7.5 million for the child’s “extraordinary medical, educational and similar expenses” that will accumulate throughout her life; $1.5 million to the child’s mother and $1 million to the father to “compensate for mental anguish and emotional stress” as a result of the unwanted pregnancy. The family also received $42,294 to compensate for two Medicaid liens, according to court documents. The lawsuit was filed in 2015, three years after the birth of the infant and is described as a wrongful life case.
The government has asked that a portion of the award be placed in a “reversionary trust” that would allow the government to recoup some of the money if the child dies or does not need all the funds.
What is a wrongful life lawsuit?
Wrongful life or a wrongful life lawsuit is a legal action where a person or organization is sued by a severely disabled child – through the child’s legal guardian – for failing to prevent the child’s birth. The most common way that this happens is for a child and their parents to sue a doctor, other medical professional or a hospital for failing to provide information about the fetus’ disability during the pregnancy, or a genetic disposition before the pregnancy. The idea is that if the mother had known this information that she would have chosen either not to become a mother or would have had an abortion.
What is a wrongful birth lawsuit?
Wrongful birth or a wrongful birth lawsuit is a legal cause of action where the parents of an infant with a congenital disease make a claim against the doctor who failed to properly warn the parents of the risks they had to conceive or give birth to a child with serious genetic or prenatal issues. The parents recovery is based on the defendant negligently withholding critical information that would have affected their decision to have a child or continue with a pregnancy.
Many people dream of having children while some want a life without them. For those that do, a healthy child is a top priority. When there is an accidental, unwanted pregnancy or when a birth injury causes long-term disabilities because of the negligence of another, a personal injury attorney may be able to help.
Seek the help of a personal injury attorney
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced injury attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!