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
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."
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.