In Philadelphia, a judge has awarded nearly $4 million to the daughter of a the woman who died under the care of Kermit Gosnell, the late-term abortionist who was convicted on three counts of first-degree murder in 2013. As LifeNews previously reported, medical examiners found that 41-year-old Karnamaya Mongar died from an abortion at Gosnell’s abortion facility due to his staff’s medical incompetence in terms of administering a proper amount of anesthesia.
In 2011, attorneys from Anapol Schwartz law firm filed a lawsuit on behalf of Mongar’s family and said Gosnell failed to proper medical care during the abortion, employed unlicensed staff and lacked equipment to resuscitate Mongar.
The lead attorney on the case, Bernard W. Smalley, said, “He refused to pay for licensed qualified medical personnel, allowing non-trained individuals to perform critical medical duties. He was not even present at the time medications and anesthesia were administered. He was, by all descriptions, running an office better characterized as a horror show. We are committed to making certain that justice is served for the Mongar family.”
Initially, Gosnell was charged with eight counts of murder along with several of his staff at his abortion clinic. In fact, his wife and sister-in-law were charged for assisting in in botched abortions, practicing medicine without a license or covering up the actions of those who did. Unbelievably, the Grand Jury report estimates that Gosnell delivered hundreds of babies alive and then had their spinal cords “snipped.”
The Legal Intelligencer reports that Judge Jacqueline Allen issued the award to Yashoda Devi Gurung, and it’s against Kermit Gosnell and the abortion facility. The funds include $550,000 under the Wrongful Death Act, $100,000 under the Survival Act and $3.25 million in punitive damages.
Although Gosnell was able to escape the death penalty by agreeing to relinquish his right to appeal, he will be in the prison the rest of his life. In May 2013, Gosnell was sentenced to two life terms in prison. Prosecutors sought out the death penalty because he killed more than one person and because of the age of the newborns he murdered.
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During the trial, Gosnell’s defense team argued that there were no live births at Gosnell’s Women’s Medical Center abortion facility and that he snipped babies’ necks after the abortions were complete. However, former Gosnell staffers testified in court that they saw babies jumping and screaming.
The plaintiff was represented by Bernard W. Smalley and Kathleen Kirkpatrick of the Tucker Law Group. The attorneys did not return a call for comment Thursday morning. According to the complaint, 41-year-old Mongar died the day after she underwent a dilation and evacuation abortion procedure performed by Gosnell in November 2009. During the period of time leading up to the procedure, she was administered numerous pain killers, and her vital signs were allegedly not monitored during the procedure.
Gosnell’s attorney, Jack McMahon of Philadelphia, said liability was not contested because Gosnell had been found guilty under a higher standard of proof at the criminal trial. He said he agreed with Allen’s assessment of the compensatory damages, but that the jury at the criminal trial did not find that Gosnell had been reckless, so Allen should not have awarded punitive damages.
“We believe the compensatory damages were legitimate and fair,” McMahon said. “We only argued that the punitive damages are not appropriate because of the finding of the jury in the criminal trial that there was no malice.”
According to McMahon, neither Gosnell nor the clinic is insured, and Gosnell, who is serving a life sentence, has very few assets.
In May 2013, Gosnell was found guilty of three counts of first-degree murder related to the deaths of three live-born babies. He was also convicted of involuntary manslaughter for Mongar’s death.