Life Legal Defense Foundation (LLDF) is pleased to announce that the Ohio case, Roe v. Planned Parenthood, Case No. A0502691, Hamilton County Court of Common Pleas, has been “resolved and dismissed,” according to a statement by the attorney for the plaintiffs, Brian Hurley (Crabbe, Brown & James LLP).
Resolution of the case comes just months after a major blow to Planned Parenthood’s (PP) defense on the applicability of Ohio’s informed consent statute. Judge Jody Luebbers ruled that the doctor for PP of Southwest Ohio breached her legal duty by not having an “informed consent” meeting with Jane Roe 24 hours in advance of her abortion, and by failing to obtain written informed consent from Jane and at least one of her parents since Jane was a minor at the time.
In addition to the lack of informed consent, the plaintiffs sought compensatory and punitive damages against PP for failure to comply with their statutory duty to inform Jane Roe’s parents of her intended abortion. Jane, at age 14, had been impregnated by her 21-year-old soccer coach, also the man who brought her in for the abortion. Instead of notifying Jane’s parents, as required by Ohio law, PP phoned the sexual predator. PP’s failure to notify Roe’s parents and to gain informed consent resulted in Jane not only undergoing the abortion, but also in the continued cover-up of the sexual abuse, demonstrating a disturbing trend in PP clinics: disregard for the health and wellbeing of women and children.
“Resolution of this case must have been an act of desperation on the part of PP,” states Dana Cody, LLDF’s President and Executive Director. “They went, in a matter of months, from litigating every inch of their defense to a sudden willingness to resolve the matter. I would speculate that had PP gone to trial there would have been too much exposure of how they do business. After all, they are currently experiencing public outrage over their apparent willingness to cover up the sexual exploitation of children. What more might they have to hide?”
LLDF commends Brian Hurley for his tremendous work on Roe. His diligence and perseverance continues in another Ohio case, Fairbanks v. Planned Parenthood, case no. A0901484, Hamilton County, Ohio, where Mr. Hurley is representing Denise Fairbanks. The claims include PP’s failure to report statutory rape by Ms. Fairbanks’ father when at age 16 she was taken to PP for an abortion. The complaint states that although she informed PP staff of the abuse, they did not report to local law enforcement, and for more than a year she continued to suffer abuse that PP could have prevented by simply complying with the law.
Life Legal Defense Foundation was established in 1989, and is a nonprofit public interest law firm composed of attorneys and other concerned citizens, committed to the sanctity of human life. LLDF provided support for Jane Roe’s case and continues to provide assistance in Ms. Fairbanks case.
Source: Christian Newswire, April 27, 2011.