Abortion Unsuccesful - this is crazy and sad

lisar wrote: Okay this made me upset I just wanted to see what everyone else thinks of this. I will never go to Planned Parent hood again in my life. (not that I need to)



A state appeals court has ruled that a Birmingham abortion clinic can be sued over an unsuccessful abortion that a woman blames for damaging her child's health.

The Alabama Court of Civil Appeals reversed a lower court ruling that had blocked a lawsuit filed by a woman on behalf of herself and her child. In a decision released May 26, the appeals court said the woman, identified only by her initials L.K.D.H., can sue Planned Parenthood of Alabama on behalf of her child.

Eric Johnston, a Birmingham attorney who has helped write many of the anti-abortion bills considered by the Legislature, said the decision is significant because it holds that a health care provider can be held responsible for injuries caused to a child in the womb.

"The fact it was during an abortion doesn't change that," Johnston said.

Larry Rodick, state director of Planned Parenthood, declined comment. Planned Parenthood attorney Eric Hoaglund said the decision is still under review and no decision has been made about the next step. He declined further comment.

The case involved a woman who went to Planned Parenthood's abortion clinic in Birmingham. The abortion procedure was unsuccessful in ending her pregnancy, and she blamed the unsuccessful abortion for resulting in her daughter being born with injuries that included a hole in her heart and an inverted tube leading from her lungs to her heart, "causing her body not to be able to receive enough oxygen."

Circuit Judge Robert Vance Jr. issued summary judgment in favor of the abortion clinic. The appeals court agreed with him that the mother couldn't sue on her own behalf, but the five judges said she can sue on behalf of her child.

"Neither the United States Supreme Court nor the Supreme Court of Alabama has ever ruled that a medical provider, or for that matter a mother, can engage, with some blanket of constitutional protection, in negligent or reckless conduct that deforms or injures a child so long as the deformity or injury is inflicted on the child before it leaves the womb," Judge Glenn Murdock wrote.

To embrace that position would allow abortion clinics to operate "as carelessly or recklessly as they wish without bearing any responsibility. ... It would be hard to imagine a more troubling development in our law," the judge wrote.

Johnston said the ruling opens a narrow window because other Alabama court cases have held a woman can't sue over a successful abortion and a child born healthy after an unsuccessful abortion can't sue over "wrongful birth."

The woman's case was originally appealed to the Alabama Supreme Court, but the court transferred it to the Court of Civil Appeals.

At least one member of the Court of Civil Appeals questioned the transfer in a concurring opinion. Judge Craig Pittman wrote that the state law providing for the transfer of cases says the Supreme Court should not transfer a case that presents a "novel legal question" that has "significant statewide impact."

Murdock, who wrote the main decision, is running in the Republican primary for the Alabama Supreme Court.

luvbug00 replied: am I getting this right??she wanted an abotion and it was botched so she has a baby with defects as a result of the botched procedure???

mckayleesmom replied: While I think that the abortion clinic should be investigated for this......I think that the mother has alot of nerve to sue....afterall....she initially intended to kill the child in the first place.

luvbug00 replied:

I agree with Brianne

BAC'sMom replied:
EXACTLY

lisar replied:
I totally agree with everything you said.

mckayleesmom replied: I would also like to add that I think the child has every right to sue when she is older, but the mother should not be able to sue for something that she partially caused.....she chose to have an abortion...when she found out she was still pregnant, she chose to keep that baby...problems and all. Really...what did she expect? She tried to have her child aborted, the proceedure wasn't done correctly and she decided to keep it? Personally...I think she is just trying to get money to help support the child and the rising medical costs of the child....but she shouldn't get that....The child should be compensated when they are older, but certainly not the mother.

Liz_Kaitlyns_Mama replied: Was that Birmingham, AL?

Hey I just noticed you're from Jacksonville. Darrell used to live there with his sister, Denise Cooley.

jaytrevjax replied: I can't belive the nerve of some people! Everybody has a choice! She decided to have an abortion, fine and dandy, then when it didn't work, she decided to keep it instead, o.k, whatever! But then to turn around and sue planned parenthood because now her baby has some health problems is crazy! For one thing, it's really her fault for trying the abortion in the first place! Maybe her child can turn around and sue her for thier health problems when they are older!

mammag replied: I agree with what you all said.

This took me into another line of thinking.... I was thinking that if she wins she should have to put it into a trust for the child that is only used for her health care and future use. That made me think.........how is she going to explain this to that poor kid? "I tried to kill you but it didn't work but here's some money I got for ya..." This is just disturbing to me......right from the get go...

It sort of makes you wonder did she decide to keep it with the hopes of something like this happening and her getting a big payoff??

MyBrownEyedBoy replied: I'm not going to weigh in on the abortion aspect, but how do you prove that the abortion attempt caused the heart defects. Logan has a heart defect and I didn't try to abort him. Just saying.

ashtonsmama replied:


It all disgusts me.

~~*Missi*~~ replied: Before I say anything I am very anti abortion Its because I try so hard to get pregnant and well I know I am not alone THERE IS SOMEONE that would want that baby after its born....(sick or not)
With that said......

Ok, She the mother went in to get an abortion TO KILL THIS CHILD, and NOW cause OPPS she has the CHILD THAT SHE WANTED DEAD, she is suing cause it has medical problems.
also have cousins and etc that have heart conditions and thier mommasdidnt try to kill them....

Honestly think now I have seen and heard it all..... she doesn't deserve SQuat THE CHILD NOR MONEY.....

if she can sue on BEHAVE of the child IF proven that the injuries where a DIRECT result of the procedure gone wrong, then put it in a trust fund where that poor excuse of a mother can't touch it (sorry but WOW)..... If the injuries ARE NOT a DIRECT result of the procedure gone bad well tough luck IMHO... BUT IF THEY CAN BE PROVEN the MOTHER should be HELD accountable ALSO with child neglect or some sort of charge CAUSE THE PROCEDURE COULDN'T HAVE GONE BAD HAD THE MOTHER NOT GONE IN TO KILL HER CHILD...

wow i am appallad and shocked that she has the balls to sue what a B***H!

kimberley replied: i have to play devil's advocate here.. sorry

we don't know the circumstances in any of this but what if this was a very young and scared girl who went for counselling on what to do with her unexpected pg. weighed her info, maybe even was steered to choose abortion, and made a decision to abort. i suspect the whole ordeal of an abortion is both emotionally and physically traumatizing and she immediately felt guilt for what she did. that is normal. then she found out the abortion did not work and just could not go through that again and made a vow to be the best parent she could to this baby. maybe she saw the failed abortion as a sign that he/she was meant to be in this world. maybe family and friends convinced her she could do this and it was a blessing. i remember being young, and even at 24 when i had my first, i was still quite swayed by what family and friends said to me.

then birthday, baby is ill. it breaks her heart and her wallet to care for this baby. someone should pay.. anger for retribution is normal, isn't it? how does an abortion fail anyways?!?! that really scares me to know that.

now, personally, i am pro-life, always will be and don't agree with what she did wrong here and could easily jump on the "crucify her" bandwagon, but i like to try to see things from every angle. my heart really goes out to that poor child. what a rotten legacy.

CantWait replied: You put a new perspective on it Kimberley, although I'm still in a little shock over the gull of her. It would be interesting to hear the details of the case.