Winning ACP (Abortion Cerebral Palsy) law suits, Part I
( WALLS (Win Abortion Liability Law Suits) #2 Feb. 2006 )
Brent Rooney
If childless 'Alice' has an IA (Induced Abortion) of a first
pregnancy and later has a 'preemie' with CP (Cerebral Palsy), are
her odds of winning a law suit against the IA doctor reasonably
good? Winning the first ACP law suit in the USA will not be easy,
despite the following:
1. The evidence is very strong (some say OVERWHELMING)
that prior IAs elevate the risk of a future PTBs
(premature births).
2. It is not disputed by competent medical authorities
that PTB (preterm birth) is a CP risk factor.
Other than medical negligence leading to patient death, there
is absolutely nothing that a doctor fears more than losing a
CP law suit. Damage awards to plaintiffs in such law suits
can run well above $1 million. So, it must be presumed that
initial ACP law suits will face fierce defenses.
How to boost the plaintiff's odds of winning an ACP law suit
If it can be demonstrated to a court that the IA was
very CI (ContraIndicated) for other reasons, that should
lower the hurdle to establishing medical causation (that the
IA was the cause of the subsequent newborn with CP). 'Alice'
(a fictional human being) was childless when she had her
surgical IA. Thus, that IA assured 'Alice' that she would
be OLDER when she later has her first full-term pregnancy
(FFTP). Every one year delay in FFTP increases relative
BC (Breast Cancer) risk by 3.5% (compounded). (International
Journal of Cancer, 1983;31:701-704). So, there we have it,
"Alice's" IA was CI via elevated BC risk. Is the BC risk
via delayed FFTP debatable? Only among 'flat earth' types.
Visit the following websites to explore this risk:
http://www.abortionbreastcancer.org
http://www.bcpinstitute.org
http://www.clresearch.org
Are there other risks that reinforce the CI nature of IAs?
IAs also multiply the risk of suicide by a factor of
2 or 3. One might think that IAs are more dangerous long
term but in the short term of 12 months or so, IAs might be
safer than term delivery. There is not one significant study
published in a peer-reviewed medical journal to report
lower total death risk for IA women in the 12 months 'after'
compared to women who carried to term. A 1997 study by top
Finnish researchers found that women with IAs had 3.52 times
the total death risk as women who carried to term in the
12 months after 'end of pregnancy'.
What would a 'statement of claims' look like for 'Alice'?
A possible 'core statement of claims' for 'Alice' is
in the Appendix. It's main emphasis is to claim that the
IA was contraindicated. To put it mildly, the most important
aspect of any medical negligence law suit would be the expert
witnesses. More about that in subsequent WALLS Bulletins. The
best summary article linking IAs to later risk of PTB was
published in Journal of American Physicians and Surgeons in May
2003. ( http://www.jpands.org/vol8no2/rooney.pdf) This summary
analysis was key to Texas recognizing the APB risk in Dec. 2003.
Texas warns about the CP risk of preterm births. The APB
evidence in the 2003 Rooney/Calhoun article is overwhelming
and subsequent studies are simply 'icing on the cake'.
........................
Brent Rooney
Vancouver, Canada
email: [email protected]
web: http://www.jpands.org/vol8no2/rooney.pdf
Appendix: Core Statement of Claims in "Alice's" ACP law suit
Core Statement of Claims in "Alice's" ACP law suit
Sample case #1: CP infant of Mom ('Alice') with a Prior IA
before age 17
A. Background:
1. Childless 'Alice' was under age 17 years when she had
an SIA (Surgical Induced Abortion) of her first pregnancy
performed by 'Dr. Doe'
2. Alice's second pregnancy ended in a delivery under
33 weeks' gestation; her contractions were weak, suggesting
'ICE' (Incompetent CErvix)
3. Alice's third pregnancy ended in 'Carl' being born under
33 weeks' gestation; again, her contractions were weak,
suggesting 'ICE'
!!4. "Alice's" obstetrician diagnosed 'Alice' as having 'ICE'!
5. 'Carl' was diagnosed with CP under the age of 18 months
....
B. Possible SoC (Statement of Claims) for 'Alice'
a. Childless 'Alice', under the age of 17, had an ELECTIVE
SIA (Surgical Induced Abortion) performed by 'Dr. Doe'
on __ _______ 200x.
b. 'Alice' was not informed by 'Dr. Doe' that the SIA
elevated her risk of 'ICE' which would raise her odds of
a future premature delivery.
c. 'Alice' was not informed by 'Dr. Doe' that the SIA elevated
risk of reproductive tract infection which would raise her
odds of a future premature delivery.
d. 'Dr. Doe' also failed to inform 'Alice' that the SIA
would raise her risk of a future premature delivery via
the following additional mechanisms:
d.1. uterine adhesions
d.2. uterine fibroids
d.3. mental distress
d.4. substance abuse
d.5. increased maternal age at future deliveries
e. 'Dr. Doe' failed to inform 'Alice' that 'ICE' and RI
(Reproductive Tract) infection increase the risk of
newborn with CP (Cerebral Palsy), mental retardation,
and other birth defects.
f. "Dr. Doe's" SIA of "Alice's" first prengnacy was the
cause of "Carl's" CP (Cerebral Palsy)
g. 'Dr. Doe' failure to WITHHOLD the SIA procedure from
'Alice' subjected her much higher risk of suicide,
a significant CONTRAINDICATION.
h. 'Dr. Doe' failure to WITHHOLD the SIA procedure from
young CHILDLESS 'Alice' subjected her to higher risk of
BREAST CANCER, a severe CONTRAINDICATION.
i. 'Dr. Doe' failure to WITHHOLD the SIA procedure from
'Alice' subjected her to higher risk of substance
abuse, a strong CONTRAINDICATION.
j. 'Dr. Doe' failure to WITHHOLD the SIA procedure from
'Alice' subjected her to higher risk of death in the 12
months after the 'end of pregnancy', a CONTRAINDICATION.
k. 'Dr. Doe' failed in his 'continuing duty of care' to his
patient 'Alice' by not informing her of the risks listed in
"b." through "j." after 'Dr. Doe' performed the SIA.
l. At no time before "Alice's" SIA did 'Dr. Doe' inform
'Alice' that the safer alternative to SIA for her
condition (a healthy pregnancy) was a term delivery.
k. - z. (The rest of "Alice's" claims against 'Dr. Doe')