A verdict was reached late Monday, January 22, 2018, in a Federal medical malpractice case involving late-term abortionist Warren Hern, 79, who was accused of causing injury to a woman, Jennifer D., by failing to complete a 25-week abortion.
It took just two hours and thirty-five minutes for the jury to decide in favor of Hern and against the woman he hurt.
According to the Jury Verdict Form obtained by Operation Rescue, the jury found that Jennifer did indeed suffer injury, but decided Hern was not negligent or the cause of her injury.
Fourteen months after Jennifer’s late-term abortion at Hern’s Boulder Abortion Clinic in 2013, her doctors conducted surgery to remove a 4 cm piece – more than 50% — of her baby’s skull, which was cutting into her uterus and causing health issues. After multiple efforts to remove the fragment resulted in a uterine perforation, a hysterectomy was performed.
Jennifer’s attorneys had argued that if Hern had properly completed the abortion, she would not have ultimately required a hysterectomy.
The Boulder Abortion Clinic was dismissed from the case by Judge Phillip A. Brimmer earlier in the trial.
Hern had argued that if Jennifer had returned to him, he would have successfully removed the skull fragment without need for a hysterectomy – a supposition which was opinion and conjecture. Hern claimed to have successfully removed aborted baby bone fragments from incomplete abortions numerous times.
“This important admission that Hern had left bone fragments in many women during incomplete abortions spoke more to his incompetence than it did to his expertise,” said Operation Rescue President Troy Newman. “It is unbelievable that the jury found leaving half a baby’s skull in the womb was not a negligent act, nor was it responsible for her injuries. It’s like the jury was living in an alternate reality.”
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While Operation Rescue is disappointed in the outcome, facts about this incomplete abortion have been brought to the attention of the public.
“The lessons we can learn from this case is that abortion is not safe, and when bad things happen during abortions, as they so often do, there is no guarantee that the abortionist will ever be held accountable,” said Newman. “We must continue to expose abortion horrors so the public can learn the truth about the barbaric nature of child-killing, and we must work to root out the political corruption wherever it is found that is enabling incompetent and negligent abortionists to remain in business.”