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Ohio Supreme Court Votes Against Parents in Wrongful Abortion Lawsuit January 24, 2008--See the following news story regarding one of two cases involving Planned Parenthood of Southwestern Ohio in Cincinnati--both intended to hold Planned Parenthood accountable for its pattern and practice of failing to report suspicions of statutory rape and sexual abuse cases when minors are brought for abortions.Ê Similar cases have also been reported in Michigan, Connecticut, California, and Massachusetts. NOTE: The Ohio Supreme Court judges whose failed to even consider this victim: Justices O'Connor, Stratton, Pfiefer, and Lanzinger. OHIO SUPREME COURT VOTES 4-3 AGAINST PARENTS WHO SOUGHT CLINIC RECORDS IN WRONGFUL ABORTION LAWSUIT By a one-vote margin, the Ohio Supreme Court ruled Wednesday that parents of a teen-age girl involved in a wrongful abortion lawsuit are not entitled to access a clinic's records involving other minors. Justices split 4-3 in deciding not to accept the appeal of "John and June Roe" from a lower court opinion in their lawsuit against Planned Parenthood of Southwest Ohio. The couple was trying to appeal a decision last year from the 1st District Court of Appeals which held that since their lawsuit is neither a class action nor a criminal case, they do not need to examine ten yearsâ worth of redacted medical records of other minor patients. The unidentified parents alleged that Planned Parenthood had performed an unlawful abortion on their then 13-year-old daughter because it had not notified them or secured their consent; had not obtained the patient's informed consent; and had breached its duty to report suspected child abuse. When the lawsuit was initially filed in Hamilton County common pleas court, the couple sought access to information about other abortions performed on minors, including the general medical history of the patients. The trial judge ruled they should have access to the records in an identity-concealing format after concluding that the Roesâ had a "tremendous" interest in the information. A 1st District appellate panel disagreed, saying the records of others were not necessary for the parents to establish whether Planned Parenthood had violated Ohio law in its treatment of their daughter. Voting not to review the case - and thus denying access to the records sought - were Justices Paul Pfeifer, Evelyn Stratton, Maureen OâConnor, and Judith Lanzinger. Dissenting - voting to hear the appeal - were Chief Justice Thomas Moyer and Justices Terrence O'Donnell and Robert Cupp. Attorney Brian Hurley of Cincinnati, representing the parents, had urged justices to take up the case. "The appellate court held that (the parents) are not entitled to discover the evidence necessary to prove their claims because they failed to offer evidence to support their claims!" Mr. Hurley said. Attorney Daniel Buckley of Cincinnati argued on behalf of Planned Parenthood that the Roes had mischaracterized the 1st District holding and tried to manufacture a constitutional issue. "The court never held that the Roes were required to introduce evidence of their claims before they could obtain discovery. The Court never determined that the records were constitutionally protected from disclosure," Mr. Buckley said. "And there is no split of authority among Ohio courts awaiting resolution." Court Does Not Hold Planned Parenthood Accountable August 28, 2007--The Ohio First District Court of Appeals ruled Friday, August 24, 2007 against holding Planned Parenthood accountable for its pattern and practice of failing to report statutory rape and sexual abuse cases. The victim is a minor impregnated when she was 14 by her 21 year old soccer coach, then taken to Planned Parenthood in Cincinnati where she received an abortion without her parents' notification or consent. She is appealing to the Ohio Supreme court. The Court of Appeals judges who ruled against this victim of sexual abuse were Mark Painter, Lee Hillebrand, and Penelope Cunningham. This decision reverses former Hamilton County Common Pleas Judge Patrick Dinkelacker's ruling in June 2006 to release patient records. Records are needed to determine whether Planned Parenthood has a pattern of cover up regarding abortions performed on minors in cases of statutory rape and incest. Planned Parenthood has denied access to records stating patient privacy reasons. However, no request for records seeks patient ID information--only information on the circumstances of abortions given to minors. There are increasing reports nationwide of Planned Parenthood's pattern and practice of failing to report statutory rape and sexual abuse cases:
For more information see:
Cincinnati Planned Parenthood Covers Up Incest Case May 10, 2007--The second of two cases against Planned Parenthood of Southwest Ohio on Auburn Ave. in Cincinnati was filed yesterday. The first involved Planned Parenthood's abortion of a minor sexually abused by her soccer coach without the child's parents' notification or consent (see earlier article below). This second case involves the abortion of a teen sexually abused by her father. She informed Planned Parenthood of the incest but they did not report as required by state law. The father continued his abuse for another year and a half. This case reports that Planned Parenthood maintains a "Don't Ask, Don't Tell" policy regarding suspected or known sexual abuse of minors. The case is Case No. 07CU68441, filed in the Court of Common Pleas, Civil Division, Warren County, OH. For further information see:
Cincinnati Planned Parenthood Gives Minor Abortion Without Parental Notice or Consent A lawsuit is pending here in Hamilton County against Planned Parenthood. The lawsuit involves claims by a local family that Planned Parenthood performed an abortion on a 14 year old girl without providing notice to, or obtaining the consent of, either of her parents. This case is significant in terms of forcing Planned Parenthood to meet its obligations under Ohio law when performing abortions, and also for the vindication of the pro-family, pro-women public policies that we have worked so hard to put in place through legislation. This lawsuit implicates at least three of those policies. First, it involves the rights of parents to know about abortions performed on their young children. Second, it involves the rights of women to give informed consent before having an abortion so that they truly know the implications of the decision before making it. Third, it involves the duty of the abortion industry to report suspected child and sexual abuse to the proper law enforcement authorities when there is reason to suspect that abuse has occurred. In the case now pending here in Hamilton County, Planned Parenthood performed an abortion on a 14 year old girl who had been brought there under pressure by the 21 year old man who had been abusing her. Not only did Planned Parenthood fail to question or report a man who presented with a different last name and paid for the abortion with his credit card, Planned Parenthood even administered a birth control shot to the young girl, also paid for by the 21-year old male, and gave the girl a bag of condoms so that the man could continue having sex with her after the abortion. To complete the outrage, after the family sued Planned Parenthood, Planned Parenthood responded by suing the little girl. Planned Parenthood claims that the little girl committed fraud and tricked them when she gave Planned Parenthood the wrong phone number for her parents. For further information see:
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