Facts

In August 2003, plaintiff Jenny Fernandez went to Dollarhide Health Center (DHC), a county-operated low cost legal center, for birth control. After two consecutive pregnancy tests were negative, plaintiff was prescribed Depo-Provera, a contraceptive that is injected. Because plaintiff had previously received contraceptive medication, the DHC staff did not perform tests to ensure that she was not pregnant at the time.

In November 2003, plaintiff returned to DHC due to no menstrual flow. The lack of menstrual flow is common affect from Depo-Provera. An ultrasound was ordered, but never conducted. The plaintiff did not return for her scheduled Depo-Provera injection in Feb 2004. On May 17, 2004, while at home plaintiff gave birth to her son, plaintiff Marcos Fernandez. The plaintiff maintained that she was not aware that she was pregnant before she gave birth.

The plaintiffs filed a lawsuit against the county alleging that the DHC staff was negligent in not performing a pregnancy test during the November 2003 visit.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that DHC was negligent for not performing a pregnancy test. As a result, plaintiff did not know she was pregnant.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff should have known that she was pregnant.

Injuries

The plaintiffs claimed injuries suffered by both mother and child due to the lack of prenatal care received.

Result

The parties settled for $850,000 plus assumption of a Medi-Cal lien in the amount of $56,294.

Other Information

Complaint filed May 18, 2005.