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PACHECO v. UNITED STATES

No. 100526-1.

515 P.3d 510 (2022)

Certification from the United States Court of Appeals for the Ninth Circuit in Yesenia PACHECO; Luis Lemus; S.L.P., minor child, by and through her Guardian ad Litem, Brian Comfort, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

Supreme Court of Washington.

Filed: August 18, 2022.

Attorney(s) appearing for the Case

Steve Ralph Alvarez , Attorney at Law, 705 S. 9th St. Ste. 304, Tacoma, WA, 98405-4600, Michael Alexander Maxwell , Maxwell Graham, PS, 535 East Sunset Way, Issaquah, WA, 98027, for Plaintiffs-Appellees.

Kristin B. Johnson , Kristen R. Vogel , Matt Waldrop , US Attorney's Office, Western District of WA, 700 Stewart Street, Suite 5220, Seattle, WA, 98101-4438, Leif Overvold , Daniel Tenny , DOJ — U.S. Department of Justice, 950 Pennsylvania Avenue Nw., Washington, DC, 20530, for Defendant-Appellant.

Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Ave. Ste. 1300, Spokane, WA, 99201-0305, Valerie Davis McOmie , Attorney at Law, 4549 Nw. Aspen St., Camas, WA, 98607-8302, for Amicus Curiae on behalf of Washington State Association for Justice Foundation.

¶1 This case asks whether a patient who received negligent reproductive health care may recover all damages proximately caused by the provider's negligence, regardless of the patient's reason for seeking care. The answer is yes.

¶2 If any Washington health care provider breaches their duty "to follow the accepted standard...

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