A federal judge has awarded $10 million to a Seattle woman who mistakenly received a flu shot instead of birth control, resulting in lifelong medical bills.
— Lawyer Mike Maxwell
SEATTLE, WA, USA, Feb. 24, 2022 /EINPresswire.com/ — A federal judge has awarded a Seattle family $10 million after a woman mistakenly received a flu shot instead of birth control, resulting in an unexpected pregnancy and lifelong medical costs for the child (File No. C15-1175RSL).
The complainant received doses of Depo-Provera, a contraceptive drug, every three months. She already had two children. She went to Neighborcare Health Center on September 30, 2011 for her quarterly injection. Her nurse, who had been giving flu shots all day, allegedly failed to check the complainant’s chart and gave her a flu shot instead of the birth control she had come for.
The complainant then gave birth to a baby girl, who is now 9 years old. She suffers from a birth defect known as bilateral perisylvian polymicrogyria (PMG), which causes many complications including vision problems, epilepsy, cognitive delays and slowed speech.
This culminated in a legal battle that lasted eight years, and ultimately the judge sided with the plaintiff, stating, “If she had been injected with Depo-Provera on September 30, 2011, she would not have not designed. Unwanted pregnancy and birth [the minor child] were the foreseeable consequences of [the nurse’s] Error.”
The judge awarded the child $7.5 million to compensate for extraordinary medical and educational expenses, as well as $1.5 million to the mother and $1 million to the father for mental anguish and emotional distress.
Attorney Mike Maxwell, of Maxwell Graham, a personal injury law firm based in Issaquah, Wash., who co-counsel with attorney Steve Alvarez, said the couple were grateful for the outcome and relieved that the fight is over.
“It’s been an uphill battle and a long, hard road for the family,” Maxwell said. “My clients are thrilled to be on the verge of receiving the funds needed for their daughter’s extraordinary medical care and training. She will need specialized care for the rest of her life, and this award will go a long way towards achieving that. When medical institutions fail to give the right treatment to the right patient, there is an obligation to compensate for the resulting expense and emotional distress.
Mike Maxwell is a lawyer and founding partner of the law firm Maxwell Graham. He has brought over 100 cases to trial, arbitration or resolution by motion. A former insurance defense lawyer, he knows how to best represent the injured faced with conflicts with insurance companies. He has over 17 years of experience as a personal injury lawyer.
Mike Maxwell can be reached by calling 888-981-0042 or by visiting his AskTheLawyers™ profile.
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Birth control medical malpractice: How an accidental flu shot led to a $10 million lawsuit