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Sides settle in abortion lawsuit

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BY CLARENCE MABIN / Lincoln Journal Star

Tuesday, May 27, 2008 - 06:39:34 pm CDT

Planned Parenthood of Nebraska & Council Bluffs and a Nebraska woman have reached a confidential settlement in a medical malpractice lawsuit against the organization.

Attorneys for Planned Parenthood and the woman, identified in the lawsuit as Jane Roe, filed papers in Lancaster County District Court last week seeking dismissal of the claim with prejudice. Dismissing a case with prejudice means the plaintiff cannot raise the claim again.

James Snowden, attorney for Planned Parenthood, said the settlement was a compromise and involved no admission of liability or fault.

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The woman’s attorney, Jefferson Downing of Lincoln, declined to elaborate.

“All I can say is, the case has been resolved,” he said. “I really can’t make any comment beyond that.”

In the lawsuit, the woman said she had an emergency hysterectomy because of an abortion at the Lincoln Planned Parenthood clinic on Aug. 16. According to the suit, she lost four liters of blood and experienced intense pain.

She sued Planned Parenthood and Dr. Meryl Severson in Lancaster County District Court last year. Earlier this year, attorneys in the case agreed to dismiss Severson as a defendant.

The woman was seeking $38,850 for past medical expenses and unspecified damages for physical pain and mental suffering, permanent injury and lost income.

Lincoln Right to Life spokeswoman Sandra Danek said the settlement will spare Planned Parenthood and Severson from public scrutiny of what she contends are unsafe medical practices at the clinic.

“I will say, Lincoln Right to Life would be concerned that Planned Parenthood of Lincoln and Mr. Severson are not being held to public scrutiny in this case,” Danek said Tuesday. “There are women going in there believing it’s safe.

“My question is, is it safe?”

Chris Funk, Planned Parenthood president and chief executive officer, said it is.

“For over 60 years, Planned Parenthood has provided high- quality contraceptive and reproductive health care to tens of thousands of men, women and teens in Nebraska and Council Bluffs,” Funk said.

“Contrary to what Lincoln Right to Life would like people to believe, the health and safety of our patients is always a top priority.”

Planned Parenthood suspended abortions several weeks ago, but is expected to resume offering the procedure in the coming weeks, Funk said.

Danek questioned the timing of the suspension, but Funk said it was unrelated to the malpractice claim.

“It had nothing to do with the lawsuit,” she said.

Reach Clarence Mabin at 473-7234 or cmabin@journalstar.com.


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adoption an option wrote on May 27, 2008 12:56 pm:
" This just goes to show that abortion is NOT good. Have the baby and give up for adoption....much safer and someone is blessed with a baby. Just think about it............ "

 peb wrote on May 27, 2008 1:16 pm:
" Pregnancy is also very dangerous for women. A friend had a seizure shortly after delivering her babies--she's fine now but there were some very scary moments. What happened to Jane Doe can also happen to a woman in the process of delivering her baby. "

 Survival Rate wrote on May 27, 2008 1:55 pm:
" Dear Peb: Jane Doe's child is still dead! This is true of 100% of all abortions and only about 1/2 of 1% of births. It doesn't get any 'scarier' / more 'dangerous'for the child. "

 Lisa wrote on May 27, 2008 2:04 pm:
" It is very sad what happened to this woman, even more sad her choice will prevent her from ever having children. But what if this woman already has 5 kids and 5 baby daddies, on welfare, on drugs, or found out she and her husband carries the gene for Tay Sachs... There are so many what ifs...

I wonder since the beggining of time, if more women have died from abortion or pregnancy?

How much did the crime rate decreased once abortion was legalized?

Oh, and I almost forgot, men are ALWAYS there for their kids even in the case of rape.

You people just have not a clue. You are entitled to your opinion, I just don't understand why you are forcing your's onto others.

If you don't like abortion, don't get one. "

 Hypersonic wrote on May 27, 2008 2:27 pm:
" Lisa, we would not force the issue if the choice of the mother to abort did not remove all choices from the baby. It's a matter of rights, and the rights of the child should not be infringed upon. Children should not die for the sins of their parents. "

 Christie wrote on May 27, 2008 2:53 pm:
" Every medical procedure has risks & that's why we all sign releases prior to any medical procedure from Lasik eye surgery to heart bypass to abortion. Since the doctor was released in the lawsuit, the doctor didn't make a mistake. I'm happy Jane Doe received the care she needed & has recovered and is doing well. "

 Frank wrote on May 27, 2008 2:57 pm:
" Planned Parenthood provides excellent medical serices and I am please that Jane Doe agreed to dismiss the case. "

 Lisa is right wrote on May 27, 2008 3:27 pm:
" I agree with Lisa. You should not comment against this woman if you are unaware of the circumstances surrounding the situation. This is a private matter in a woman's life and not for the public to decide. "

 Choices wrote on May 27, 2008 3:29 pm:
" Life is full of choices anc choices should always remain. Choices are a right and choices SHOULD NOT be taken from ANY individual. Like it or not. If you take a woman's right to choose then what is stopping people/government from taking your privacy--life's luxuries in which inviduals choose to have or not have. Those of you who choose to be "prolife" need to have someone tell you that you can't choose something that may be very personal to you. Get over yourselves! "

 Mike wrote on May 27, 2008 3:40 pm:
" Lisa, if your mom had five other chidren with five dads, would have wanted her to abort YOU?? What if your mom was raped, would you still want a chance at life? All life is precious no matter how it is conceived. If abortion is just like any other procedure, how come your parents don't have to ok it under 18 when they do to get Tylenol at the school nurse, why don't they ever show what it looks like, similar to what they do with every other procedure. Abortion is obviously not just another medical procedure. "

 good wrote on May 27, 2008 4:07 pm:
" don't have an abortion and this can't happen. This is a sign, she no longer gets children b/c she decided to kill one. It's really too bad, but can't say that it isn't her fault. Miscarriages are a natural abortion, they are hard enough on the body. Why would you intentionally do this? not only to your body but to a baby? "

 Except Hypersonic and Survival Rate wrote on May 27, 2008 4:09 pm:
" Legally we do not define a clump of cells or a developing fetus as a child/human. We do not give it the same rights that we do a living breathing, outside of the womb person. I understand that it helps your case to call zygotes and blastocysts humans and babies and children - but scientifically that's just not accurate. "

 Sorry Hypersonic wrote on May 27, 2008 4:31 pm:
" It's not a baby and has no rights. So your response is nonsense. "

 Surely unsure wrote on May 27, 2008 5:31 pm:
" This kind of story is great fodder for the pro-life movement. I am torn on this issue. But the pro-lifers would make more progress with me if they weren't automatically personified by overweight, red-faced bible-thumpers with southern accents and tears in their eyes. Most (definitely not all) pro-choice advocates offer cogent, dispassionate arguments for their point of view bolstered by a study of data and history. Self-determination, gender bias, individual freedom, crime, quality of life and health are topics that develop in intelligent discussions of the subject. Is the act of bringing a new life to term more valid than the catastrophic change in the fully developed, sentient life of an adult woman? Would the misguided people who believe it is morally acceptable to take the life of an abortion doctor feel the same way if the abortion doctor was pregnant? These are questions we should have public discussions about instead of these predictable exchanges after stories like this. "

 what wrote on May 27, 2008 5:34 pm:
" It has a heartbeat and your are going to tell me it is not a baby??What is beating then?? I do not want to argue and we all have opinions but just what is that living being then??? It will be, in my heart, a living soul created by man and woman. "

 Julie Schmit-Albin wrote on May 27, 2008 6:04 pm:
" Christie: "since the doctor was released in the lawsuit the doctor didn't make a mistake." Say what? And now PP has settled out of court and is "released" from the lawsuit too. So who harmed the woman? Was it of her own volition that she ended up losing 80 litres of blood, seized on the floor of PP and had to be rushed to the hospital for an emergency hysterectomy? Right. And Lisa, all of the socio-economic problems that were supposed to be diminished by the legalization of abortion have only increased. "

 Kurt wrote on May 27, 2008 6:36 pm:
" To Sorry Hypersonic...I'm intrigued by your logic! Using your logic, babies aren't human and have no rights, just like the African American slaves were treated in our nation's past, and just like the Jewish people by the Nazi's in WW2. Yep, guess it's just a bunch of nonsense! "

 mark wrote on May 27, 2008 7:20 pm:
" the encouraging thing is that the Sonogram Generation (having seen their own pre-birth video) is increasingly anti-abortion, and this will be a resolved issue in the near future. "

 E Jr wrote on May 27, 2008 7:23 pm:
" It is amazing that we still have arguments about a medical procedure. What a backward country I live in! "

 Julie Schmit-Albin wrote on May 27, 2008 7:26 pm:
" 80 percent of her blood volume, not 80 litres, I stand corrected. PP, with a budget in the millions and probably malpractice insurance is able to settle out of court to avoid a protracted and visible trial which would shine a light on this case. Severson? Does he get a reprimand from the State Medical Board? Go back to committing abortions for PP? Retire? Still many unanswered questions. From their comments it looks like it's all the victim's fault. "

 Oh Please Kurt wrote on May 27, 2008 7:33 pm:
" What kind of stupid argument is that? They don't even compare. Because you call a few cells a baby doesn't make it so. A beating heart does not equal life, a few cells does not equal life. And you trying to compare a few cells to the tragedy endured by living human beings diminishes what they went through and makes your argument ridiculous. "

 Part of the plan wrote on May 27, 2008 7:41 pm:
" This is all part of God's plan. God wanted her to have the abortion, or he would have intervened, right? I mean, you cant have it both ways - God is all powerful, but he lets abortions happen, and he creates Tsunamis that leave 100,000 kids orphaned. How about this - let the mother decide. I know I woudnt want some of you huckleberrys making decisions for me, and I am sure the feeling is mutual. "

 To Julie Albin Whatever wrote on May 27, 2008 8:27 pm:
" So Julie, since you are clearly a medical professional (hence the blood volume of a human being 80 liters) you do really know it all. Dr Severson has not and will not be sanctioned because he performed a legal procedure, which the patient signed a consent for. Leave the man alone. Leave Planned Parenthood alone. I laugh my rear off when I see you people picketing out there all those days. THEY AREN'T EVEN DOING ABORTIONS MOST OF THOSE DAYS. Planned Parenthood provides contraception and healthcare to women. You should be applauding their efforts to keep women from getting pregnant! You are a real genius, you medical person you. So much knowledge have you? Know enough to stop your slander. What Severson does is none of your business. "

 Matt wrote on May 27, 2008 8:55 pm:
" To quote: "A beating heart does not equal life"

Then why do we love the NRA? "

 Presumptuous wrote on May 27, 2008 9:01 pm:
" There was no admission of liability by Planned Parenthood. Any Jane or John Doe -- or Roe -- can file a lawsuit, and no one can comment intelligently on its merits without more information. Adverse events are not always the fault of a physician. Planned Parenthood has provided quality reproductive services to millions of women -- myself included --over its long history. "

 I am amazed wrote on May 27, 2008 9:18 pm:
" everytime I read the comments on here, wow, Nebraskans are small minded and quick to judge each other. It is up to the person. Sorry, but "making" someone give birth is insane. And there are so many complications and deaths during pregnacy and childbirth, you just cannot judge, unless it is yourself. I also know women who have had to receive blood transfusions during pregnancy and had to have a hysterectomy after a complicated birth. And I'm sorry but I can think of things worse for the child, say being locked in the cellar chained to a wall, beaten, living a horrible life for 3 to 5 years just to suffer a worse death. Sorry but its true "

 Carol wrote on May 27, 2008 11:03 pm:
" Heartbeat or not, the rights of any living thing that requires the non-transferable biological support of a specific human being are secondary to the rights of the person it depends on. In no other situation can the care and life support NOT be transferred to another person. The bodily autonomy of a living woman outweighs the so-called rights of any other life she is supporting. "

 How come wrote on May 27, 2008 11:33 pm:
" people who kill a baby by punching a mother in the stomach (or any other action that kills the baby) can be tried for murder of "the unborn baby?," but a mother can choose to kill her own baby. Why is it when the mom does it, its not murder, because its not a baby, but if somebody else does, they are tried with a crime. Why is one an unborn baby, but the other a fetus?
As to the mother's choice, she made the choice to have sex, she needs to accept the responsibility of that action. If that means having a baby, that's the price she will have to pay for her actions. "

 All your assumptions are wrong. wrote on May 28, 2008 8:24 am:
" As someone with direct knowledge of this former case (I was there that day), I have to shake my head at some of these comments in which nobody, nobody on here has any knowledge of what transpired before, during, and after. If what happened to her happened to any one of you, you too would have filed a lawsuit, no ifs, ands, or butts, period!
Assumptions about her seem to be everywhere on this blog today, but as usual, assumptions usually turn out to be false, as with every comment regarding "her". There is so much more to this, but she will never be able to talk about it due to legal reasons. That's understandable. Will this debate go on. Yes. Are abortions safe? That's not for me to decide, but please stop trying to judge others for which none of you have any knowledge about, to make yourselves feel better. "

 peb wrote on May 28, 2008 8:56 am:
" I would like someone to explain to me why ALL of Planned Parenthood is condemned when they do so much good for so many women and men. In Lincoln, abortions were/are done only ONE day per week at one of two facilities. Is it because Planned Parenthood has dared to continue with what they do inspite of threats from the anti-choice people? "

 Vern wrote on May 28, 2008 9:08 am:
" A woman's choice is no one's but her own. Everyone else should mind their own dang business. "

 Ryan wrote on May 28, 2008 9:17 am:
" What twisted, ridiculous logic. My father and I both have the same eye problem that required surgery. He was blinded in one eye because of the surgery and I see better than most people because of it. Should I not have had it? Was it safe?! Accidents happen in any operation. Operations dangerous. To blame "abortion" is ignorant. "

 Courtney wrote on May 28, 2008 10:56 am:
" To How Come: When an unborn child is considered murdered (such as when the mother is killed or "punched in the stomach"), it is because it was considered viable (it had a chance of living outside the womb). This is usually measured by how far along the woman was in her pregnancy. Following this line of thinking, a woman cannot have an abortion after the fetus is considered viable. Hope that helps.
Oh, and I don't think we should ever use pregnancy as a punishment for having unprotected sex. "

 Zoomie wrote on May 28, 2008 12:17 pm:
" To address earlier comments - in 1983 Reagan ordered his Surgeon-General, Koop, to find evidence abortions were medically more dangerous than maternity (carrying to term). Instead, Koop discovered carrying a fetus to term was far more dangerous to the mother than an abortion (they sat on the report for almost 3 yrs before releasing it). As to PP settling...many years ago a 10yr old kid, without looking, dashed into the street and ran into the side of my car, damaging my side mirror. He wasn't hurt (unlike my car) but his mother immediately sued. Dispite overwhelming evidence HE caused the accident, including eye witnesses, my insurance company insisted on settling as it was cheaper than a trial would have been (with none of the risk a jury might do something crazy like award them damages). I see PP's decision to settle as no different. Doesn't mean they did anything wrong, or made any mistakes. "

 Interesting wrote on May 28, 2008 12:20 pm:
" Planned Parenthood believes the health and safety of our patients is always a top priority. If that is true then why did they settle the case. After all they they did nothing wrong, right? Forcibly restraining a women against her will when she knew something was wrong doesn't seem to be in about the health and safety of their patients. Sounds like the forward thinking of China and forced abortions not the liberated society of America. "

 MO wrote on May 28, 2008 12:22 pm:
" I used to be completely against abortion, that is until I started really paying attention to the news. The problem is, that when a child is unwanted, because they have the baby doesnt' always change that idea that the child is still unwanted. I try to justify abortion as it saving the child from abuse, torture, emotional distress or whatever other problems arise from bringing an unwanted child into this society and not placing them up for adoption. If you can end a childs life with no suffering before they have to endure years of abuse at the hands of the people who don't want them, then by all means, continue to perform abortions. I would rather that than hear about another child who has been passed around to all her mothers drug friends for free drugs or left alone to put something in a light socket or whatever someone can dream up. I am sure all has been done to poor children that were never wanted. If that is the case...I guess I am for abortion, although I would never have one because I actually wanted to be a mom and love my children. "

 .... wrote on May 28, 2008 8:38 pm:
" I think Carol has gotten to the heart of the problem more than anyone. If you were to consider the fetus an actual person, how do you craft a law that considers the possibly very different needs and rights of two coexisting beings? As it is, the event of birth is a brightly drawn dividing line that works. Personally, I think that even the "viability" issue mucks this up way too much. What makes a person a "person", according to laws that are fair to everyone? When we can discuss the issue of personhood without any reference to God, souls, or the B-I-B-L-E, we might start to get somewhere in this dilemma. "

 Clarification of choice wrote on May 28, 2008 11:33 pm:
" A woman can choose to have sex or choose to not have sex. She makes a choice about whether to use birth control and what kinds. If she chooses to have sex, she risks many consequences including pregnancy. HOWEVER, if she does get pregnant (consequence) she is faced with more choices--carry to term and keep, give up for adoption, have an abortion, etc. Pregnancy is the consequence, how you handle the consequence is the choice. It is inaccurate to lump the two together and say that choosing to have sex is choosing to be pregnant for 9 months and give birth. When a woman experiences the consequence of pregnancy after choosing to have sex, I don't think any of the choices (birth, adoption, abortion) are "easy" or less stressful, or less of a deterrent to making better choices in the future. "

 she shouldnt have done it wrote on June 5, 2008 9:39 pm:
" "A woman's choice is no one's but her own. Everyone else should mind their own dang business. " Vern You are wrong, it is also the childs choice, wouldn't they want to be born, sad that a mother has to murder her own child in her own body while it is ripped apart and screams silently!! What if your mother aborted you? "

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