Dr. Alan Kaye Cleared of Causing Cerebral Palsy Jan. 2006
WALLS Bulletin (Win Abortion Liability Law Suits) Jan. 2006
(Brent Rooney, [email protected])
In the Spring of 2004 Australian Mr. Justice Michael Grove
found obstetrician Dr. Alan Kaye not guilty of causing cerebral
palsy in Kristy Bruce (born in 1989). Grove wrote, "...As a
matter of hindsight, considerable suspicion must be directed to
the very recent termination which Ms. Chevelle underwent just
prior to becoming pregnant with the plaintiff..." (1)
In Kristy's case, her mother's uterus ruptured as labour began,
probably because it was perforated during an abortion a year earlier,
about which she had not told her obstetrician. Kristy's brain was
starved of oxygen and, when she was born by emergency caesarean she
had an APGAR score - a measure of a newborn's health - of zero. (1)
Kristy Bruce was born post-term. However, no matter what
the gestation length, it is plausible that the infection risk
of prior SIAs (Surgical Induced Abortions) imparts an elevated risk
of CP. Karin Nelson and Judith Grether reported that mothers with
a temperature exceeding 38 degrees Celsus (a sign of infection) had
9.3 times the risk of having a full-term newborn with unexplained
cerebral palsy. (2)
In September 2005 Planned Parenthood of Australia admitted to
three PTB risk factors via induced abortion on their online consent
form, namely:
1. "Infections, most of which are easily identified and treated if
the woman carefully observes the discharge instructions given
and explained to them prior to leaving the facility" ....
2. "Incompetent cervix/stenosed cervix (too tight or too loose
cervix which may impair future fertility)"...
3. "...adhesions in uterus that may impair future fertility)"... (3)
[another risk listed was: "Depression or mood disturbance, suicide" ].
Nowhere on that form was the raised risk of a future premature birth
mentioned. (3) Plaintiff lawyers and courts may consider this
inconsistent consent form as evidence of medical negligence.
Other Defendant Doctors may use the 'Dr. Alan Kaye defense' of ABD
Dr. Alan Kaye used the prior SIA history of the mother,
Sharon Chevelle, in successfully defending himself in a
medical negligence law suit. Other doctors also accused
of causing birth defects, may employ the 'Dr. Alan Kaye defense'
by attributing a BD (Birth Defect) to prior induced abortions.
Some plaintiffs may choose to sue abortion doctors for
causing their birth defects instead of the obstetrician who
delivered them. Thus, recently graduated obstetricians and
gynecologists should prudently avoid performing elective
procedures with elevated odds of BDs.
Since SIAs elevate both the risk of PTBs (Preterm Births)
and breast cancer, it may be legally prudent for doctors to withhold
elective abortion procedures when the benefits do not exceed the risks
of breast cancer, PTBs, and other serious risks.
Here is a list of SIA risks contained in the PPA online
consent form of 14 September 2005:
". Post abortion syndrome
. Blood clots accumulating in the
uterus, bleeding or pain requiring another suctioning.
. Excessive bleeding that may require a blood transfusion
. Residual products of conception may be left in the uterus,
requiring a repeat procedure
. Infections, most of which are easily identified and treated if
the woman carefully observes the discharge instructions given
and explained to them prior to leaving the facility
. A tear in the cervix that may require stitches.
. Perforation of the wall of the uterus and/or organs that may
heal themselves or may require surgical repair or rarely
hysterectomy.
. Failure of termination of pregnancy that does not end the
pregnancy which requires that the procedure is repeated
. Excessive bleeding due to failure of the uterus to contract
that may require a blood transfusion
. Incompetent cervix/stenosed cervix (too tight or too loose
cervix which may impair future fertility)
. Asherman's syndrome (cessation of periods and adhesions in
uterus that may impair future fertility)
. Depression or mood disturbance, suicide
. False passage/channel in the cervix, not allowing entry into
the uterus." (3)
.................
Overcoming the burden of legally proving 'causation'
Let's say 'Alice' sues the abortion doctor ('Dr. Cal') for
causing her premature birth and handicap of CP (Cerebral Palsy).
The burden of proving causation is on the shoulders of 'Alice'.
How can she sharply lighten this burden? By demonstrating to
the court that the prior IA procedure was strongly contraindicated.
In a coming WALLS Bulletin I will demonstrate that the vast majority
of IA (Induced Abortion) procedures are strongly contraindicated
due to the elevated risks of:
1. Breast Cancer
2. Suicide
3. All-Cause mortality
How many yearly U.S. cases of CP are due to prior induced abortions?
I estimate that there are roughly 1,700 cases of U.S.
newborn with CP yearly due to mothers' prior SIAs and that the
U.S. total excess cases of CP due to SIAs from 1 Jan. 1980 to 1
Jan. 2006 is approximately 35,400. The total number of badly
birth defected newborn due to Thalidomide (in Europe) in the
early 1960s most likely lies between 5,000 and 19,000 (median
value: 12,000). It would not be inaccurate to term surgical
induced abortion as:
'Surgical Thalidomide'
The 'Berlin Wall of Abortion' will fall and the venue
will be USA court rooms.
...................................................
Brent Rooney
Reduce Preterm Risk Coalition
3456 Dunbar St. (146)
Vancouver, Canada V6S 2C2
email: [email protected]
References:
1 "Bruce v Kaye",
http://www.austlii.edu.au/au/cases/nsw/supreme_ct/2004/277.html
2 Nelson K, Grether J. Maternal infection and cerebral palsy
in infants of normal birth weight. JAMA 1997;278:207-211
3 http://websites.golden-orb.com/plannedparenthood/100158.php
(accessed on 14 September 2005; PPA may choose to delete
this form in the future)
............................
P.S. Brent Rooney Publishing credits:
web: http://www.jpands.org/vol8no2/rooney.pdf
http://www.jpands.org/vol9no3/correspondence.pdf
http://www.jpands.org/vol10no3/correspondence.pdf
Elective Surgery boosts Cerebral Palsy risk.
European Journal of Obstetrics & Gynecology and
Reproductive Biology 2001;96(2):239-240
Having an induced abortion increases risk in future
pregnancies. British Medical Journal 2001;322:430
Induced Abortion and Risk of Later Premature Births.
[co-author Dr. Byron C. Calhoun] Journal of American
Physicians and Surgeons 2003;8(2):46-49 URL:
www.jpands.org/vol8no2/rooney.pdf
"Is Cerebral Palsy Ever a Choice?" The Post-Abortion Review.
2000 (Oct.-Dec.);8(4):4-5
Delayed birth equals more cancers and preterm births.
Western Journal of Medicine. 2001;174:385-386
Low Birth Weight: Reducing the Risk (Birthing mag.
, Fall 1998)
Racism, Poverty, Abortion, and Other Reproductive
Outcomes. EPIDEMIOLOGY 2000;11:740-741
Is elective induced abortion healthy for women and
their future newborn? Ars Medica [Spanish language]
2002;4(#6):95-111
http://escuela.med.puc.cl/publ/ArsMedica/ArsMedica6/Art09.html
An Early First Birth for Breast Cancer Prevention
(ALIVE mag., April 1997)
No Breast Cancer for My Daughter - How to Reduce
the Risk, ALIVE magazine, July/August 1995)
[ALIVE: highest circulation health mag. in Canada]
Escape from Breast Cancer - (published on the world
wide web: www.vcn.bc.ca/~whatsup/ESCAPE.html )
Feedback from medical professionals & 1 health
writer about Escape from Breast Cancer:
1. Dr. Zoltan Rona (medical editor of Health Wise
Digest) During his 28 Nov. 1998 talk in Toronto
(Preventing and Treating Breast Cancer
Naturally) Dr. Rona recommended Escape from
Breast Cancer to his audience; Rona
is the medical editor of the classic:
Encyclopedia of Natural Healing
2. Dr. Bob Martin
[Dr. Bob Martin (www.drbobmartin.com) hosts a very
popular radio health talk show, Health Talk]
From: "Dr. Bob Martin"
Subject:Re:Best Breast Cancer Prevention site: www.nocancer.net
Date: Sat, 29 May 1999 12:56:29 -0700
[my new site is located at: www.vcn.bc.ca/~whatsup/ESCAPE.html]
DEAR BRENT:
I LOVE THE SITE! BE ASSURED, THAT I WILL RECOMMEND
IT HEARTLY. THANK YOU, FOR MENTIONING MY NAME IN
THE ORAL CHELATION SECTION. ALSO, I APPRECIATE
YOUR SUPPORT OF MY PROFESSION. .....
KINDEST REGARDS
DR. BOB MARTIN
.......................................................................
3. Hans Larsen (ALIVE magazine)
[Hans Larsen is the editor of the International
Health News section of ALIVE magazine]
Date: Sat, 31 Jul 1999 10:22:58 -0700 (PDT)
From: hans larsen
Subject: Your website
Dear Brent:
I've finally taken a look at your website. It's
an excellent source of information on breast
cancer prevention. I've added a link to your
site from "Our Favourite Places".
With kindest regards,
Hans
4. Joel Brind (PhD) - professor of Endocrinology
, City University of New York:
"your excellent website....." (July 14, 2000)
Feedback