Try writing the flashback in your own words. That's a derivative right.
In other news.... my ambulance squad had three runs so far this morning:
7 month old baby, lethargic and vomiting blood.
25 year old female, 9 weeks pregnant, bleeding.
Car versus bicycle collision.
Would any of the people involved in any of those events have gladly signed a contract with PublishAmerica if the deal was that this morning didn't happen? You betcha. Does this mean that PublishAmerica gets a free pass to swindle people? No, PA doesn't get that free pass.
The events are not related.
The existence of one evil in this world doesn't mean that other evils don't exist.
Simon, I'm just guessing, but I'm betting that you personally have never published a novel.
It's difficult to explain to people who've never written a book what kind of emotional tie there is between the writer and the book.