Planned Parenthood in San Francisco was successfully sued by patient J.B., who won $672,610, after a three year court battle.
PP was declared liable by the judge because the facility had refused to turn the woman's medical records over to her. J.B. had gone to PP in December of 1997, and had a first trimester abortion. She still felt pregnant, and told them 2 weeks later in a follow up exam, and called repeatedly. She was told she was not pregnant, that her symptoms were normal.
On February 18, 1998, she demanded a urine pregnancy test, which revealed that she was still pregnant. Since that particular PP does not do late abortions, staff apologized and gave her a list of places that would do second trimester abortions. PP did finally agree to pay for the second abortion.
An ultrasound at the second abortion facility revealed that J.B.'s six month fetus was missing an arm and a leg, possibly from injuries sustained during the initial abortion which failed to kill it. J.B. saw the ultrasound, and according to her attorney, "had an emotional collapse. .... She had to go through a three-day procedure to terminate the fetus' life, something that absolutely wrecks her."
J.B. suffers persistent visions of babies being killed, has contemplated suicide, and weeps at sight of young children, especially twins. "She is like a shattered human being," her lawyer says. "She has been unable to be in a relationship since this happened. She can't get in close proximity to a man without shaking and, sometimes, vomiting." She has been diagnosed with PTSD. Due to California lawsuit caps, the most J.B. will get is $250,000. A juror who was 28 weeks pregnant during the trial nearly wept as she discussed the case. PP vowed to appeal.
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