Gorovitz & Borten, P.C.
Attorneys at Law

550 Cochituate Road, Suite 25
Framingham, Massachusetts
Tel: (781) 890-9095
Failed Contraceptive
Following several years of difficulty after high school, highlighted by
drug and alcohol abuse and hospitalizations, Plaintiff was able to
stabilize herself and became gainfully employed at a noted halfway
house in Boston and working 40 hours per week as a “Certified
Nurse Assistant.”  

At 26 years old, Plaintiff made the determination that she did not
want to have children. Plaintiff sought contraception from the
Defendants, and Depo-Provera was provided.  However, Plaintiff
alleges that Defendants failed to perform the appropriate tests
before giving the Depo-Provera, to confirm that Plaintiff was not
then pregnant.

Over the course of the next six months, Plaintiff received 3 Depo-
Provera injections for contraception.  At each examination, Plaintiff
complained to the Defendants of weight gain, breast tenderness
and swelling of her breasts.  Various examinations were performed,
and Plaintiff was assured by Defendants that her complaints
represented side effects of the Depo-Provera, but that she was not

Finally, almost 7 months after the first Depo-Provera injection,
Plaintiff was confirmed as being late in her 7th month of pregnancy
by another medical provider.  Because of the late diagnosis of
pregnancy, Plaintiff was precluded from any timely intervention to
effectuate a termination of the pregnancy and she continued the

As a result of the birth of the child, Plaintiff was forced to leave her
job as a Certified Nurse Assistant in Boston, and return home to
Leominster to live with her parents and raise her child.  Because of
certain physical impairments that the child has suffered, the Plaintiff
is unable to return to the workplace, and has no appreciable
opportunity to regain financial stability or financial independence.  
Citing the case of Burke v. Rivo, 406 Mass. 764 (1990), Plaintiff
further alleged that she was entitled not only to the emotional and
financial losses that she herself has incurred and will incur in the
future as a result of the birth of this child, but also the costs that
are reasonably foreseeable and a natural and probable
consequence of the negligence of the Defendants.

Following discovery, the case was submitted to mediation.  With the
constructive participation of the claims manager and counsel for
the Defendants, the case settled with a one time payment of

Contact Information
If you, your child or a member of your family have been injured as a
result of not receiving appropriate contraceptive counseling,  
deficient medical treatment or failure to be properly treated, please
Dr. Borten and our Boston area medical malpractice attorneys at
Gorovitz & Borten evaluate your case.
For a free confidential consultation and receive a response within
24 hours (when possible), please contact us by phone, fax or e-mail
with your question or concern.

Telephone:  781-890-9095     -     Fax:   781-890-9098
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