Yesenia Pacheco v. United States

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

YESENIA PACHECO; LUIS No. 21-35175 LEMUS; S. L. P., minor child, by and through her Guardian ad D.C. No. Litem, Brian Comfort, 2:15-cv-01175-RSL Plaintiffs-Appellees,

ORDER CERTIFYING

v. QUESTION TO THE

WASHINGTON

UNITED STATES OF AMERICA, SUPREME COURT

Defendant-Appellant.

Filed January 3, 2022

Before: Ronald M. Gould, Richard C. Tallman, and Patrick J. Bumatay, Circuit Judges.

Order SUMMARY *

Federal Tort Claims Act / Wrongful Birth and Wrongful Life

In an action brought under the Federal Tort Claims Act, the panel certified the following question to the Washington Supreme Court:

Under claims for wrongful birth or wrongful life, does Washington law allow extraordinary damages for costs associated with raising a child with birth defects when defendant(s) negligently provided contraceptive care even though plaintiff(s) did not seek contraceptives to prevent conceiving a child later born with birth defects?

COUNSEL

Leif Overvold (argued) and Daniel Tenny, Attorneys, Appellate…