Medical Professionals Reference (MPR)Patient Seeks Damages After Flu Shot Given Instead of Birth Control

This 2025 medicolegal case examines liability scope in reproductive healthcare when a nurse administered a flu vaccine instead of scheduled medroxyprogesterone acetate injection, resulting in an unplanned pregnancy and birth of a child with perisylvian polymicrogyria (PMG). The case establishes precedent for damages extending beyond immediate pregnancy-related costs.

Key Clinical Considerations:

• Documentation & Verification: Critical failure to verify patient purpose, obtain informed consent, or document procedure led to wrong medication administration
• Clinical Timeline: 3-month delay in error recognition significantly impacted patient outcomes and legal liability
• Standard of Care: Court determined minimum standard violation through multiple procedural failures in medication administration
• Foreseeability Doctrine: Legal precedent established that birth defects are considered reasonably foreseeable outcomes in reproductive care negligence
• Damage Scope: Ruling extends provider liability to long-term care costs for resulting disabilities, regardless of patient’s initial contraception rationale

Approximately 3%–5% of births are affected by a birth defect and birth defects are a major cause of perinatal mortality along with neonatal and infant morbidity and mortality.

Medical Errors Summaries