Woman claims "I was sterlized against my will!" after having 9 children...

[DaemonSeid]

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A 35-year-old mother of nine is suing a Springfield hospital, three doctors and two nurses, claiming they permanently sterilized her against her will, violating her reproductive rights, according to a lawsuit filed in Superior Court.

Tessa Savicki, who has nine children aged 3 to 21, claims doctors were supposed to implant an intrauterine device, which is a type of reversible birth control, after she delivered a son, Manuel Flores, on Dec. 19, 2006, at Baystate Medical Center.

Instead, she said, a type of permanent sterilization known as a tubal ligation was performed, leaving her mentally distraught and incapable of bearing more children.

“There was no medical reason for them to do this,” Savicki told the Herald. “That’s my choice. This is my body. I wanted the IUD so later if I felt I wanted more children, I could have more.”

Savicki said she did not sign a written consent for a tubal ligation, which under federal and state regulations is required at least 30 days in advance for all MassHealth patients who want a permanent sterilization procedure.

Savicki’s attorney, Max Borten of Waltham, alleges that his client’s human and constitutional rights were violated and that the hospital had a “total breakdown of protocols.”

“There were violations at many, many levels,” said Borten, a former obstetrician and gynecologist who practiced as a physician for more than 30 years in Massachusetts.

Medical records sought

Borten provided the Herald with a Baystate Medical Center letter on Savicki’s case, signed on May 22, 2009, by an employee of the hospital’s Health Information Management System department. It reads: “We regret to tell you that in spite of carefully and thoroughly searching, we have been unable to locate the following medical records: ‘Tubal consent form for December 2006.’ ”

The signed letter was sent by Baystate to one of Savicki’s previous attorneys, Borten said.

Baystate spokeswoman Jane Albert confirmed that the document was signed and sent by an employee in the Health Information Management System department. She declined to comment on it.