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:
If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.
How to Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.