September 18, 1979: Happy Birthday, Joshua Vandervelden

Joshua Vandervelden

Linda Noie was between six and eight weeks pregnant when she went to Fox Valley Reproductive Health Care in Milwaukee, Wisconsin on January 10, 1979. She was accompanied by her baby's father, Brian Rusch. They met with a clinic counselor and went home.

The couple returned on the morning of January 12. Linda read and signed the consent forms. Several hours later, Dr. Benjamin Victoria (John Roe 740 in Lime 5) performed the abortion. 

Linda was discharged under the impression that the abortion had been successful. It had not. 

On September 18, Linda was in labor but there were signs of fetal distress so the baby that had survived the abortion attempt was delivered via C-section. He was named Joshua Vandervelden. 

Joshua was placed on a respirator and hospitalized for two weeks prior to discharge. He was left with brain damage and partial hearing lost.

Joshua was awarded $1,125,000 in damages against the doctor who had tried to kill him in the womb. Victoria appealed the verdict, and the US Supreme Court asserted that Joshua had no grounds to sue the doctor because his mother had consented to the abortion.

Linda went public with her story and became a prolife activist. 

Sources:

• "Survivor of abortion gets award for damages," Tampa Bay Times, September 26, 1992
• "High court denies appeal on failed-abortion award," The (Fox River Valley, WI) Post-Crescent, November 1, 1993
• "Court refuses to hear case; doctor's lawyers are pleased," The (Waukesha, WI) Freeman, November 2, 1993
• Vandervelden v. Victoria, 177 Wis. 2d 243 (1993) 502 N.W.2d 276