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Posted

http://www.couriermail.com.au/news/national/sailor-sues-royal-australian-navy-for-failing-to-detect-her-unwanted-pregnancy/story-e6freooo-1226123150218

Sailor sues Royal Australian Navy for failing to detect her unwanted pregnancy

Shelley Hadfield 2011/08/27

305023-cerberus-graduation.jpg

LAWSUIT: Naval recruits in a graduation parade at HMAS Cerberus, where the complainant was serving when she became pregnant. Source: Herald Sun

A SAILOR wants the Federal Government to help fund the cost of raising her child after defence medical staff repeatedly failed to detect her pregnancy.

Emily Hetherington, now 22, claimed that if they had detected the pregnancy she would not have proceeded with it, according to documents lodged with the Supreme Court of Victoria.

She did not find out about her condition until she was 22 weeks pregnant, at which stage she was advised it was too late to have an abortion.

Ms Hetherington has launched legal action against the Commonwealth of Australia (Department of Defence), claiming it was negligent.

Ms Hetherington was already pregnant when she enlisted with the Royal Australian Navy in January 2008.

But, she claims in court documents, a pregnancy test during her medical examination in Hobart at that time was reported to be negative.

Ms Hetherington said while at HMAS Cerberus in Victoria she told medical staff in January, March and April, while receiving vaccinations, that she had not had her period since the previous November or December. Despite that, no further pregnancy tests were done.

It seems to me that Hetherington could have asked for later induction.

After fainting during training, Ms Hetherington claimed she told staff at the HMAS Cerberus health care centre that she was suffering nausea in the mornings, was tired and had gained weight, but still no follow-up pregnancy test was done.

In her statement of claim, Ms Hetherington said a serum pregnancy test should have been carried out when she enlisted.

In June, 2008, a test was done on the blood taken when Ms Hetherington enlisted and it was discovered she had been six to seven weeks' pregnant at that time. Her child was born in August, 2008.

Ms Hetherington, now of NSW, said she suffered an injury because she had to go through the pregnancy and labour.

She said her career had been adversely affected, she had suffered psychological trauma and her training and progress had been affected, along with her earning capacity.

In court documents, it was alleged the Department of Defence owed her a duty of care to provide her with medical care of a similar standard to that provided to the wider Australian population.

She is seeking a trial by judge alone. The writ is yet to be served on Defence.

The Department of Defence media office said it could not respond to the claims until next Wednesday.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

Filed: Citizen (apr) Country: Germany
Timeline
Posted

WOW, I am not sure what to say..

Instead of only blaming the Navy for not detecting her pregnancy, maybe she should have been more proactive, buy a pregnancy test of her own or go to the doctor, tell him about her suspected pregnancy and get a bloodtest done.

She just dropped hints (missed periods, nauseas, weightgain) but there is no mention of her saying "Hey guys, I think I am pregnant, I need a test done". It's really not that difficult, even in the military unless the Aussie Navy is operating totally differently.

Now I wonder how the kid is doing...

Nadine & Kenneth

Our K-1 journey

02/06/2006 filed 129F

07/01/2007 received visa via "Deutsche Post"

08/27/2006 POE Dallas

->view my complete timeline

AOS, EAD and AP

12/6/2006 filed for AOS & EAD

1/05/2007 AOS transferred to California Service Center

01/16/2008 letter to Congressman

03/27/2008 GREENCARD arrived

ROC

02/02/2010 filed I-751

07/01/20010 Greencard arrived

 

Naturalization

12/08/2021 N-400 filed 

03/15/2022 Interview. Approved after "quality review"

05/11/2022 Oath Ceremony

 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Yet another reason why women shouldn't be in the military.

Русский форум член.

Ensure your beneficiary makes and brings with them to the States a copy of the DS-3025 (vaccination form)

If the government is going to force me to exercise my "right" to health care, then they better start requiring people to exercise their Right to Bear Arms. - "Where's my public option rifle?"

Filed: Citizen (apr) Country: Russia
Timeline
Posted
Fixed to reflect reality, not ignorant misogyny.

I'm guessing you've based your opinion on all that time you spent in the military.

My opinion is based on nothing other than my own personal beliefs..... and several years in the military.

Русский форум член.

Ensure your beneficiary makes and brings with them to the States a copy of the DS-3025 (vaccination form)

If the government is going to force me to exercise my "right" to health care, then they better start requiring people to exercise their Right to Bear Arms. - "Where's my public option rifle?"

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Like Nane said, unless this girl is totally ignorant to the most basic signs of pregnancy she should have done a test herself.

Hmmmm.... no periods and I'm sick all the time... must be stress LOLZ

USCIS

Jul 15/11 - Sent I-130 Package from Honolulu

Jul 18/11 - I-130 package received & signed for in Chicago
Jul 19/11 - Priority Date
Jul 21/11 - NOA1/USCIS Acceptance Confirmation received
Jul 29/11 - Received I-797C hard copy
Aug 4/11 - Touched
Feb 16/12 - NOA2 Approval (212 days since Priority Date)


NVC

Feb 28/12 - NVC Case Number, BIN & IIN Assigned, Optin E-mail for EP Sent

Mar 2/12 - DS-261 Submitted
Mar 5/12 - Electronic Processing Opt-in Accepted, AOS Invoiced & Paid
Mar 7/12 - NVC receive IV electronic package, AOS shows "Paid", AOS Package Sent
Mar 9/12 - IV Bill Invoiced & Paid
Mar 12/12 - AOS fee shows as "Not Paid - Rejected": Human error. AOS re-paid.
Mar 13/12 - IV is "Paid." Will have to be re-paid post imminent "Rejected" status. NVC e-mail "Checklist Cover Letter" asking for my $$$
Mar 14/12 - IV is "Rejected - Not Paid", Re-paid, AOS is "Paid"
Mar 16/12 - IV is "Paid", DS-260 submitted & Package sent
Mar 19/12 - IV Package Received
Mar 20/12 - Case Complete E-mail Received (21 days at NVC)


Final Steps

Apr 10/12 - Interview date assigned: May 9 @ 8:30AM

May 1/12 - Medical Date
May 9/12 - Interview result: Approved!
Jun 22/12 - POE
Jul 23/12 - SSN assigned
Aug 10/12 - Green card in hand

ROC

Mar 25/14 - ROC sent to CSC

Mar 28/14 - Package delivered to CSC

Apr 1/14 - Check cashed

Apr 3/14 - Received NOA1, Receipt Date: 3/28

Jun 15/14 - Move to San Diego

Jun 23/14 - RFE / Package sent: Aug 6, ETA Aug 8

Aug 22/14 - New Card in Production

Posted

Like Nane said, unless this girl is totally ignorant to the most basic signs of pregnancy she should have done a test herself.

Hmmmm.... no periods and I'm sick all the time... must be stress LOLZ

well im sorry to say this but i had period every 28 days and i wasnt sick at all and i was still pregnant in 3.5 months and had no clue about it. same happened to someone else i know. sometimes the doctors just fail

148280zkcv79ffi3.gifDeeDee & Sam 426064ng1n3ghbqw.gif

766837489_784932.gif


from filling I129F to POE- exactly 6 months


for k1 steps and dates check my timeline
AOS approved took 7 months you can chack my timeline for details

ROC

October 6th- mailed package

as1cJVfNw2k0710MTMybHN8MDQyMTdqc3xXZVwnd

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

That's pretty different from what she had though. I sympathize with you, and that phenomenon is always a "what if" in the back of my head post-coitus. You would have had no reason to test because nothing seemed wrong, like on that "I didn't know I was pregnant" TV show. My cousin got pregnant while on the pill, so trust me I know things can get bizarre.

But for real she had the classic symptoms that would set off alarm bells in the head of any sexually active woman.

USCIS

Jul 15/11 - Sent I-130 Package from Honolulu

Jul 18/11 - I-130 package received & signed for in Chicago
Jul 19/11 - Priority Date
Jul 21/11 - NOA1/USCIS Acceptance Confirmation received
Jul 29/11 - Received I-797C hard copy
Aug 4/11 - Touched
Feb 16/12 - NOA2 Approval (212 days since Priority Date)


NVC

Feb 28/12 - NVC Case Number, BIN & IIN Assigned, Optin E-mail for EP Sent

Mar 2/12 - DS-261 Submitted
Mar 5/12 - Electronic Processing Opt-in Accepted, AOS Invoiced & Paid
Mar 7/12 - NVC receive IV electronic package, AOS shows "Paid", AOS Package Sent
Mar 9/12 - IV Bill Invoiced & Paid
Mar 12/12 - AOS fee shows as "Not Paid - Rejected": Human error. AOS re-paid.
Mar 13/12 - IV is "Paid." Will have to be re-paid post imminent "Rejected" status. NVC e-mail "Checklist Cover Letter" asking for my $$$
Mar 14/12 - IV is "Rejected - Not Paid", Re-paid, AOS is "Paid"
Mar 16/12 - IV is "Paid", DS-260 submitted & Package sent
Mar 19/12 - IV Package Received
Mar 20/12 - Case Complete E-mail Received (21 days at NVC)


Final Steps

Apr 10/12 - Interview date assigned: May 9 @ 8:30AM

May 1/12 - Medical Date
May 9/12 - Interview result: Approved!
Jun 22/12 - POE
Jul 23/12 - SSN assigned
Aug 10/12 - Green card in hand

ROC

Mar 25/14 - ROC sent to CSC

Mar 28/14 - Package delivered to CSC

Apr 1/14 - Check cashed

Apr 3/14 - Received NOA1, Receipt Date: 3/28

Jun 15/14 - Move to San Diego

Jun 23/14 - RFE / Package sent: Aug 6, ETA Aug 8

Aug 22/14 - New Card in Production

Posted

That's pretty different from what she had though. I sympathize with you, and that phenomenon is always a "what if" in the back of my head post-coitus. You would have had no reason to test because nothing seemed wrong, like on that "I didn't know I was pregnant" TV show. My cousin got pregnant while on the pill, so trust me I know things can get bizarre.

But for real she had the classic symptoms that would set off alarm bells in the head of any sexually active woman.

yep, you're right about that. skimmed the text and missed the part where she was saying she had the symptoms. however, when i found out i was pregnant, it was because i took a pregnancy test cause my boobs were huge and i was gaining weight lol -_-

@slim: you're right about that, but not because she's a woman tho, but because if she chose to protect her country, she should have chosen to protect her own child as well, not flush it out. i'm not a "pro choice" supporter, and ill never be. smells like she needed a reason to get money from governmet, since being in military and having a child would give her help from the state anyway

148280zkcv79ffi3.gifDeeDee & Sam 426064ng1n3ghbqw.gif

766837489_784932.gif


from filling I129F to POE- exactly 6 months


for k1 steps and dates check my timeline
AOS approved took 7 months you can chack my timeline for details

ROC

October 6th- mailed package

as1cJVfNw2k0710MTMybHN8MDQyMTdqc3xXZVwnd

Filed: Citizen (apr) Country: Russia
Timeline
Posted
@slim: you're right about that, but not because she's a woman tho, but because if she chose to protect her country, she should have chosen to protect her own child as well, not flush it out. i'm not a "pro choice" supporter, and ill never be. smells like she needed a reason to get money from governmet, since being in military and having a child would give her help from the state anyway

If she was a guy this never would've happened.

Русский форум член.

Ensure your beneficiary makes and brings with them to the States a copy of the DS-3025 (vaccination form)

If the government is going to force me to exercise my "right" to health care, then they better start requiring people to exercise their Right to Bear Arms. - "Where's my public option rifle?"

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

If she was a guy this never would've happened.

hindsight is always 20/20

USCIS

Jul 15/11 - Sent I-130 Package from Honolulu

Jul 18/11 - I-130 package received & signed for in Chicago
Jul 19/11 - Priority Date
Jul 21/11 - NOA1/USCIS Acceptance Confirmation received
Jul 29/11 - Received I-797C hard copy
Aug 4/11 - Touched
Feb 16/12 - NOA2 Approval (212 days since Priority Date)


NVC

Feb 28/12 - NVC Case Number, BIN & IIN Assigned, Optin E-mail for EP Sent

Mar 2/12 - DS-261 Submitted
Mar 5/12 - Electronic Processing Opt-in Accepted, AOS Invoiced & Paid
Mar 7/12 - NVC receive IV electronic package, AOS shows "Paid", AOS Package Sent
Mar 9/12 - IV Bill Invoiced & Paid
Mar 12/12 - AOS fee shows as "Not Paid - Rejected": Human error. AOS re-paid.
Mar 13/12 - IV is "Paid." Will have to be re-paid post imminent "Rejected" status. NVC e-mail "Checklist Cover Letter" asking for my $$$
Mar 14/12 - IV is "Rejected - Not Paid", Re-paid, AOS is "Paid"
Mar 16/12 - IV is "Paid", DS-260 submitted & Package sent
Mar 19/12 - IV Package Received
Mar 20/12 - Case Complete E-mail Received (21 days at NVC)


Final Steps

Apr 10/12 - Interview date assigned: May 9 @ 8:30AM

May 1/12 - Medical Date
May 9/12 - Interview result: Approved!
Jun 22/12 - POE
Jul 23/12 - SSN assigned
Aug 10/12 - Green card in hand

ROC

Mar 25/14 - ROC sent to CSC

Mar 28/14 - Package delivered to CSC

Apr 1/14 - Check cashed

Apr 3/14 - Received NOA1, Receipt Date: 3/28

Jun 15/14 - Move to San Diego

Jun 23/14 - RFE / Package sent: Aug 6, ETA Aug 8

Aug 22/14 - New Card in Production

Filed: Other Country: Canada
Timeline
Posted

I'm guessing you've based your opinion on all that time you spent in the military.

My opinion is based on nothing other than my own personal beliefs..... and several years in the military.

Didn't you at one point say you were discharged for some sort of misconduct?

Filed: Citizen (apr) Country: Russia
Timeline
Posted

hindsight is always 20/20

No, I'm pretty sure we could've applied some foresight to this.

Didn't you at one point say you were discharged for some sort of misconduct?

Sure did. Does that make my perspective any more ignorant than yours?

Русский форум член.

Ensure your beneficiary makes and brings with them to the States a copy of the DS-3025 (vaccination form)

If the government is going to force me to exercise my "right" to health care, then they better start requiring people to exercise their Right to Bear Arms. - "Where's my public option rifle?"

Posted

If she was a guy this never would've happened.

*points at Thomas Beatie* LOL

148280zkcv79ffi3.gifDeeDee & Sam 426064ng1n3ghbqw.gif

766837489_784932.gif


from filling I129F to POE- exactly 6 months


for k1 steps and dates check my timeline
AOS approved took 7 months you can chack my timeline for details

ROC

October 6th- mailed package

as1cJVfNw2k0710MTMybHN8MDQyMTdqc3xXZVwnd

 

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