Woman to Sue Clinic for Surprising Her With Baby Instead of Birth Control

Yesenia Pacheco has three children. Unfortunately, she’d only planned for two. In fact, her third child was a complete and utter surprise brought to her by NeighborCare Health, which accidentally gave her a flu shot instead of the birth control that she’d asked for. Now she’s suing. At least she doesn’t have the flu?

The incident occurred in 2011 when Pacheco visited the federally-funded clinic in Seattle in order to get a second dose of Depo-Provera, three months after having been administered the first. But when it came time for the injection, the doctors had some very worrying news for her.

From Opposing Views:

“I asked what happened [and was told,] ‘You are two months pregnant, you don’t have to have it, you won’t have to pay anything’,” Pacheco said, recalling a conversation with the clinic’s staff, according to KTRK.

For Pacheco, whose personal beliefs don’t allow for a termination of pregnancy, abortion was not an option. Her third daughter was born in 2012 and, sadly, suffers from severe health issues that include a brain malformation affecting her motor and speech capabilities and seizures, which her parents have to medicate her for twice a day. That’s not the real problem, though; it’s the fact that the clinic allegedly didn’t keep clinical adequate records of their clients. It’s a real Jane the Virgin situation, including a clinic manager who was at a loss about what to do to make it up to Pacheco. “The manager said, ‘What do you want me to do, fire them?’” Pacheco told reporters at KIRO.

Pacheco’s lawyers point out that she loves the child but that she was “put into a position that she wasn’t supposed to be in” and deserves recompense, including money she’s owed for pain and suffering as well as the cost of her medical bills. The amount hasn’t yet been specified, but considering the surprise pregnancy and her daughter’s medical issues, it’s probably not going to be a negligible amount. In addition, Pacheco isn’t sure how the miscommunication happened, considering that she and the clinic workers spoke to each other clearly in Spanish, which was Pacheco’s preferred language.

The clinic, which, according to Opposing Views, is aware of the lawsuit, released a statement letting Pacheco know that they feel “great empathy for her.” Pacheco’s probably not going to get an apology while the suit is in progress, but perhaps her burden will be somewhat alleviated by a potential settlement.