Abortion-Breast Cancer Malpractice Suit Settlement is the First Ever
by Steven Ertelt
October 29, 2003
Philadelphia, PA (LifeNews.com) — An abortion practitioner settled a lawsuit out of court last week. The case is the first medical malpractice suit in the U.S. to obtain a settlement based on a claim that women considering abortions should be informed that it increases the risk of contracting breast cancer.
When Pennsylvania teenager "Sarah" became pregnant, her high school guidance counselor arranged for a secret abortion just across the border in New Jersey without her parents’ knowledge. Now 22, Sarah has suffered tremendously in the aftermath of her abortion.
While Sarah is not afflicted with breast cancer, she sued the abortion facility because it failed to inform her of the possible risk. An overwhelming majority of studies have shown that induced abortions increase the risk of contracting the disease.
Sarah’s attorneys say she must obtain costly mammograms at an earlier age because she could contract breast cancer earlier than the average woman. She also was diagnosed with post-traumatic stress disorder following the abortion.
The settlement proceeds will help Sarah to obtain the early medical screening for breast cancer and the future psychological counseling that she needs.
"This settlement will teach the medical establishment that it can no longer profit by keeping women in the dark about the breast cancer risk," said Karen Malec, president of the Coalition on Abortion/Breast Cancer.
Linda Rosenthal, an attorney with the pro-abortion Center for Reproductive Law and Policy (CRLP) law firm in New York, petitioned the court to represent both Charles Benjamin, the abortion practitioner and the Cherry Hill Women’s Center abortion facility.
Sarah was disappointed that the pro-abortion law firm was more interested in keeping access to abortion unfettered rather than her rights as a victim.
Sarah was financially supported by the Women’s Injury Network in her case. Founded by attorney Amy T. McInerny, the pro-life firm helps abortion-injured women by providing case expenses in medical malpractice lawsuits.
"Abortion malpractice lawsuits help expose the deceptive practices of the abortion industry and hold doctors legally and financially accountable to the women they’ve harmed," said Susan Marie Gertz, an attorney and the firm’s director.
In addressing the transportation of teens across state lines for secret abortions, pro-life members of Congress have proposed the Child Custody Protection Act. The pro-life bill would make such practices illegal. The House of Representatives has approved it, but it has never come up for a vote in the U.S. Senate.
Malec added, "This case also establishes that abortion providers can be sued for battery if the abortion provider performs no parental consent abortions on minors from neighboring states (with parental consent statutes), even if the state where the abortion is performed does not have a parental consent statute."
The abortion facility required that the settlement amount be kept confidential.