Washington Top Court Asked to Weigh in on Birth Defect Damages

Washington’s top court was asked by the Ninth Circuit on Monday to resolve a new question about whether state law allows families to recover the extraordinary costs of raising a disabled child born because of negligent contraceptive care.

At issue is an award of more than $10 million against the United States under the Federal Tort Claims Act.

Yesenia Pacheco, Louis Lemus, and their child S.L.P. alleged Pacheco became pregnant because NeighborCare Health Center, a federally qualified community facility, mismanaged her Depo-Provera contraceptive injections.

S.L.P. was born with epilepsy and a disability that contributes to neurological delays.

The U.S. District ...