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The Government Is Responsible for One Woman's Unwanted Pregnancy

A woman is suing the federal government for a mistaken pregnancy that resulted in the birth of her third child. Yesenia Pacheco was given a flu shot instead of a birth control shot from a local community health clinic in Seattle.

The mother of two didn't want any more children, which is why she visited the Neighborcare Health Clinic every three months for an injection of Depo-Provera. However, on Sept. 30, 2011, Pacheco was given a flu vaccine by mistake.

When she next returned to the clinic in December, the clinic realized the error in their records and immediately told Pacheco. They claimed it was due to a "miscommunication."

"They instantly gave her a pregnancy test before giving her the Depo-Provera shot she came in for, and it showed she was pregnant," lawyer Steve Alvarez told Yahoo Parenting.

The clinic recommended that Pacheco have an abortion, but because of her Catholic religion, that wasn't an option. Pacheco had an incredibly rough pregnancy. She developed diabetes and had to have a C-section.

She gave birth to her third daughter, Sandra, in August 2012. Shortly after, Sandra was diagnosed with a genetic brain disorder called polymicrogyria. It causes seizures, attention-span, motor-skill and cognitive deficits. Pacheco has had to make financial and personal sacrifices to provide for her daughter, including setting aside her dream of returning to school.

"[She] loves her child," Alvarez told Yahoo Parenting. "But she needs enormous care. She'll need it for the rest of her life."

Pacheco's lawsuit has been in the works since shortly after Sandra's birth, but it was only officially filed last week. Because the government funds the clinic, the lawsuit names the federal government as the defendant. The process is much more complicated, so it took three years to satisfy the procedural rules.

The amount of money sought for damages has not been specified yet, but the lawsuit states that Sandra "sustained a wrongful life."

"Wrongful life is to compensate Sandra for all the medical and therapy expenses she'll incur during her life, as well as her pain and suffering from being born with a brain disorder that will limit her life," Alvarez told Yahoo Parenting.

Now that the lawsuit has been officially filed, Pachecho and her lawyers are waiting for a reply from the federal government before beginning with court proceedings.

Image via KiroTV

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