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January 21, 2021
Washington State Association for Justice
A federal judge has awarded over $10 million in a wrongful birth case United States v. Pacheco, litigated by EAGLES Mike Maxwell and Steve Alvarez. The verdict benefits the future care of a severely disabled child born because a nurse at a Seattle community clinic negligently gave the mother a flu shot instead of her quarterly birth-control injection. Lawsuits against the United States government are full of traps for the unwary. State court lawyers who think that federal court is merely a change of scenery are in for a surprise. Attorneys Maxwell and Alvarez tell a cautionary tale about negotiating the minefield to get to the money when suing the federal government, in a federal courthouse, defended by the federal department of justice, before a federal judge.
Topics to Include:
- Pre-filing a FTCA claim.
- What is wrongful pregnancy, wrongful birth, and wrongful life, and what damages are allowed?
- How did the court justify denying the Plaintiff’s motion where the defendant admitted to injecting the patient with a flu vaccine in lieu of birth control?
- Is it foreseeable that a woman who seeks to prevent all pregnancies would have a genetically defective child?
- Experts: Liability & Damages.
- Getting to trial: no easy feat.
- Should you humanize the plaintiff when the audience is a federal judge?
- Unique federal challenges with a future life care plan.
Program Titles and Supporting Materials
This program contains the following components:
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