Archive for Brian Hurley

WATCH: Attorney describes Planned Parenthood’s appalling treatment of abuse victims

Posted in Abortion and Sexual Assault, child abuse, child predator, Live Action, Planned Parenthood Employee, Planned Parenthood fails to report rape, Planned Parenthood lawsuit with tags , , , , , , , , , , , , , , , , , , , , , , on June 22, 2018 by saynsumthn

Image: Attorney Brian Hurley sued Planned Parenthood for covering child sexual abuse

The latest in a series of videos exposing Planned Parenthood’s complicity in covering child sexual abuse features an attorney who represented actual victims of the abortion corporation’s “don’t ask/don’t tell” policies on reporting sexual abuse. The interview, conducted by Live Action, comes at a time when society has demanded that organizations who are complicit in covering sexual abuse be held to account. This call has been loud in the media, politics, Hollywood, and sports. The one place this has been glossed over and nearly ignored has been with regard to Planned Parenthood’s complicity.

The “Prosecution” video in Live Action’s multi-part series, Aiding Abusers, opens with a statement by Steven Spielberg addressing the sexual abuse scandal in Hollywood that catapulted the #MeToo movement: “The other thing we have to think about is this: Hollywood and celebrity gets a lot of recognition. You can’t just think of this as a Hollywood problem. And we can’t forget the people that can’t afford attorneys. We can’t forget those people that are afraid to come out to say what happened to them because they have nobody to represent them or to stand up for them. I am more concerned about that group than I am about the celebrities that are being exposed and immediately get a huge amount of attention…. [T]hese kind of crimes of sexual assault are happening daily.”

Image: Steven Spielberg in Aiding Abusers video from Live Action

Steven Spielberg (Image: Screen shot from Aiding Abusers video published by Live Action)

What the Hollywood producer said is especially true when it comes to Planned Parenthood’s victims of abuse cover-up. This multi-million dollar tax funded organization has influence in very powerful circles like the media, Hollywood, and political power structures, outed for covering abuse in the past.

No one knows this more than Ohio litigator Brian Hurley, Esq., whose track record of going after those complicit in covering up sexual abuse is stellar. Hurley dared to face off against Planned Parenthood to defend the young victims of abuse covered-up by this powerful organization. He also once brought charges against the Catholic Church for its role in covering up the sexual abuse of young boys, and later brought two civil cases against Planned Parenthood for covering up the rape of teenage girls.

“I’m a devout Catholic, and I believe the Catholic Church had to be taken to task for what it did and didn’t do with respect to the abuse of boys, mostly boys,” Hurley told Live Action News. “And I was proud as being part of a prosecuting attorney’s office that we brought claims – charges – against the Archdiocese of Cincinnati for its conduct. And I think it gave me credibility.”

But Hurley noted nothing would prepare him for what would take place when he agreed to represent two victims of Planned Parenthood’s sexual abuse cover-up. Hurley said that Planned Parenthood, with its half a billion in tax dollars annually, has a litany of attorneys in its arsenal, which it uses against anyone who dares to challenge the organization in court, even when the case is filed to get justice for victims of rape or sexual assault.

“I will tell you I grossly underestimated what I was getting involved in. I’d been involved in very complex litigation for many years as lead counsel and I thought that would prepare me for litigating against Planned Parenthood. And I was wrong,” Hurley said, adding:

Planned Parenthood, when it is sued, hires the best lawyers in the United States. Planned Parenthood will fund the defense of litigation in a matter that, from what I could tell in our cases, it was limitless…. In both of our cases, Planned Parenthood’s lawyers fought every single issue, every aspect of discovery. Every aspect of the case was litigated. Much more so, in fact, than I had seen in any of the other cases I had been involved in my 35 years. Which, I think, from my perspective — and this is argued throughout our pleadings — was an attempt to make it prohibitively expensive for us to continue.

The majority of the plaintiffs in these cases are very poor people, are people from backgrounds where they don’t have much money. And it’s hard to find lawyers who are willing to spend six years litigating against an organization that is going to require you to devote thousands of hours to litigate those claims. And I think that is something that Planned Parenthood and its lawyers are very good at.

The first case involved a 14-year-old girl who went to Planned Parenthood for an abortion after being impregnated by her 21-year-old soccer coach. According to Hurley’s interview with Live Action News, when the adult predator, John Haller, found out that his minor victim, Chelsea, was pregnant, he understood that “he was going to be in serious trouble if that… was ever disclosed.” So, Haller convinced the teen, in Hurley’s words, to “have an abortion, and told her that that was the only way they could stay together, that he loved her and if she had the abortion they would stay together — and, she thought, would get married.”

But rather than investigate or report suspicion of abuse, Planned Parenthood asked few questions and simply took the word of Haller over the phone that he was the victim’s parent, after Haller instructed the girl to give his number to Planned Parenthood. Then, according to court documents, after the abortion, the abuser resumed having sex with the teen. As a result of a subsequent report made by a teacher, Haller was later found guilty of seven counts of sexual battery.

Image: lawsuit Planned Parenthood failed to report child sexual abuse

Planned Parenthood failed to report child sexual abuse lawsuit Ohio

Hurley told Live Action News that the victim’s parents sued Planned Parenthood on several claims, that included a failure to report suspected abuse and a failure to obtain the consent of her parents before the abortion or even notify them. Planned Parenthood settled the case out of court.

The second case involved another teen who had been sexually abused by her father since she was 13. When she became pregnant at age 16, the abuser forced her to have an abortion at Planned Parenthood.

Image: Denise told Planned Parenthood she was raped and they did NOTHING (Image credit: Live Action Twitter page)

Denise told Planned Parenthood she was raped and they did NOTHING (Image credit: Live Action Twitter page)

The victim, Denise Fairbanks, told Planned Parenthood’s staff that her father was raping her, but instead of reporting the abuse to authorities, Planned Parenthood sent Denise home with the abuser where he continued to assault her for another year and a half. The abuser was stopped only after Denise spoke to her coach — and the coach, not Planned Parenthood, went to law enforcement.

Image: Sexual abuse victim Denise Fairbanks sues Planned Parenthood

Sexual abuse victim Denise Fairbanks sues Planned Parenthood

According to Hurley, who also represented Denise in her lawsuit, when the victim was taken to Planned Parenthood…

The Planned Parenthood employee said to her something to the effect, “If you’re going to sleep around you need to get on birth control.”

And Denise was stunned, and she took that as really an insult, that she was being called a whore. And, so, what Denise… said in response was, “This was not supposed to happen, I was forced to do things I didn’t want to do.”

Image: Brian Hurley talks about Planned Parenthood sexual abuse cover up

Brian Hurley talks about Planned Parenthood sexual abuse cover up

Of Planned Parenthood’s failure to report the sexual abuse being inflicted on this young victim, Hurley told Live Action, “It was clear to me that they had a duty to report suspected abuse. I think known abuse, but, at least suspected abuse. They didn’t. And her father continued to rape her for another year.”

Hurley told Live Action News, “Had they reported Denise’s abuse immediately, the abuse would have stopped…. Unfortunately, it was a year later.”

Hurley also told Live Action News he believes the media has given Planned Parenthood a pass and that, as a result, more sexual abuse will be covered up:

While they’re correct in terms of the way they have handled and exposed or or attempted to expose, the abuse that took place in the Catholic Church up in Michigan State, and now even in the #MeToo movement, I think that’s great. What I find to be hypocritical is the media’s refusal to do a serious investigation of what occurs at Planned Parenthood.

There’s been enough information provided to the press, with Lila Rose for example, when she did her exposés, both with respect to the attempts in those situations, based upon the video I saw, of people at Planned Parenthood coaching girls not to say certain things so they wouldn’t have to report abuse. Also, to the videos that talked about the sex trafficking and the prostitution. Clearly, the mainstream media has decided that they don’t want to expose or do an investigation… to find out what is actually going on at Planned Parenthood.

Hurley added, “[I]f I, as a devout Catholic, would participate in the prosecution of the Catholic Church for what it’s role was in failure to report abuse, then I have no problems trying to expose what Planned Parenthood does and doesn’t do.”

But, as Live Action News has previously documented, Planned Parenthood regularly rewards journalists for their complicity of silence on failing to accurately report their abuses, which include Medicaid fraudprivacy breaches, and a failure to report sexual abuse among others.

The evidence against Planned Parenthood is mounting.

Live Action President and Founder Lila Rose commented, “Without over half a billion dollars a year from taxpayers, it would be much harder for Planned Parenthood to litigate these abuse cases for years until they wore victims down, never formally admitting their cover up of these young girls’ rape. When Planned Parenthood gets taken to court, it’s the taxpayers who are paying for Planned Parenthood’s defense and helping to put these children through years of litigation and prolonging their agony.”

In the investigative report entitled, “Aiding Abusers, Planned Parenthood’s cover-up of child sexual abuse,” (which can be read here) evidence of Planned Parenthood’s history and corporate culture of failing to report incidents to authorities include:

  1. Court cases including testimonies of victims experiencing horrific abuse
  2. State health department records
  3. Testimonies from former Planned Parenthood workers
  4. Two Live Action Undercover investigations
  5. Loyola University study on sex trafficking

Live Action’s companion video docuseries includes tragic details of criminal and civil cases (many previously in the public record thanks in part to pro-life groups such as Life Dynamics) in which victims were returned to their abusers to be further assaulted. It also contains testimony from former Planned Parenthood staffers, who repeatedly witnessed the organization’s systematic and troubling disregard of mandatory reporting laws. The abortion giant currently receives $60 million from the federal Title X family planning program and hundreds of millions of dollars from Medicaid and other state and federal government money. In 2015, 474 of Planned Parenthood’s nearly 650 facilities were Title X recipients, according to a Guttmacher Institute report. In total, Planned Parenthood receives over half a billion dollars annually in federal and state tax dollars.

Under Title X, recipients are required to follow state and federal reporting laws on reporting sexual abuse.

    • This article is reprinted with permission. The original appeared here at Live Action News.

‘Aiding Abusers’ series exposes Planned Parenthood’s complicity in covering sexual abuse

Posted in child abuse, child predator, Lila Rose, Live Action, Planned Parenthood and Child Predators, Planned Parenthood Employee, Planned Parenthood fails to report rape, Planned Parenthood former employee with tags , , , , , , , , , , , , , , , , , , , , , , on June 1, 2018 by saynsumthn

Image: Aiding Abusers Sex Abuse Cover Up at Planned Parenthood

As Hollywood, the media, and others are being exposed for their complicity in covering up the sexual abuse and harassment of women, another organization has flown silently under the radar and remained hidden from the public’s scrutiny for decades, thanks also to the complicity of… you guessed it… Hollywood, the media, and others (like politicians). To this day, despite continually turning a blind eye to victims of abuse, there is an organization which receives cover from these abortion supporters, and it is time for it to end. This organization is Planned Parenthood.

Part one of Live Action’s seven part Aiding Abusers docuseries exposing a systemic, decades long cover-up of child sexual abuse at Planned Parenthood includes an overview of what you will view in each video Live Action is about to release.

The series is introduced by Live Action president and founder, Lila Rose, who says, “Through the TimesUP and MeToo movements, America is calling for an end to sexual abuse in every institution. Whether it’s Hollywood, sports, politics or big media; we’ve heard the names of perpetrators and their enablers — people who knew about the abuse, but did nothing to stop it.”

Image: Lila Rose introduces Live Action's Planned Parenthood Aiding Abusers series

Lila Rose introduces Live Action’s Planned Parenthood Aiding Abusers series

Rose continues, “But few are calling out one of America’s biggest accomplices to sexual abuse even though there is widespread documentation of systemic sexual abuse cover-up behind its doors. The group is called Planned Parenthood, and they are tax funded.”

Image: Live Action's Planned Parenthood Aiding Abusers series

Live Action’s Planned Parenthood Aiding Abusers series

“Through Live Action’s seven part video series,” Rose states, “We will show you how Planned Parenthood consistently and deliberately fails to report instances of child sexual abuse to law enforcement. Our series includes many cases documented in the public record, including lawsuits and news reports of Planned Parenthood’s sexual abuse cover-up.”

Image: Live Action's Aiding Abusers series on Planned Parenthood sexual abuse cover up

Live Action’s Aiding Abusers series on Planned Parenthood sexual abuse cover up

In the Recorded Cases video, you will learn how children as young as 12 years old have been repeatedly and mercilessly abused by adult sexual predators due to the same “don’t ask/don’t tell” policies that existed during the Harvey Weinstein, Matt Lauer, Charlie Rose, Al Franken, and Kevin Spacey abuse scandals. And, yet, despite the rise of the #MeToo and #TimesUp movements, Planned Parenthood has yet to be called out for its scandalous cover-ups of sexual abuse.

On the heels of Hollywood’s Golden Globe awakening regarding sexual abuse scandals, celebrities and reporters alike continue to turn a blind eye where Planned Parenthood is concerned. As a result, victims of abuse are often returned to the hands of their abusers by this organization to be raped and sexually assaulted for days, weeks, months and even years to follow. These victims have been silenced, there are no marches for them — and because of the power that this so-called “women’s health provider” wields, few are willing to step forward to be their voice.

Harvey Weinstein at Planned Parenthood Gala

Then, states Rose, “We then hear the testimony of former employees and managers that witness Planned Parenthood’s enabling of abuse, first hand.”

Image: Live Action's Aiding Abusers former staffers on Planned Parenthood sexual abuse cover up

Live Action’s Aiding Abusers former staffers on Planned Parenthood sexual abuse cover up

In the Former Workers video, interviews with former Planned Parenthood staffers will reveal that these cover-ups are systematic throughout the organization. Sue Thayer, former manager of a Planned Parenthood facility, claims that the organization discouraged mandatory reporting of child sexual abuse. In the era of #MeToo and #TimesUP, why has this organization, funded with half a billion tax dollars annually, been immune from the fallout of complicity in covering sexual abuse?

Catherine Adair, a former Planned Parenthood staffer, recounts how girls would come into her facility with their abusers, but she testified that the abortion facility staff’s attitude was that the girl “was better off with the abortion” rather than reporting the abuse.

Image: Catherine Adair in Aiding series about Planned Parenthood child sexual abuse cover up

Catherine Adair in Aiding series about Planned Parenthood child sexual abuse cover up

Monica Cline, an HIV health educator and Title X training manager, also testified to witnessing this cover-up of abuse. Cline claims that Planned Parenthood’s view of children is distorted and dehumanizing and stems from a false ideology that young people are “like and animals that cannot control themselves” where sex is concerned. She claims the organization has adopted a “don’t ask/don’t tell” policy on sexual abuse, in other words, “if we don’t ask how old her partner is, we don’t have to tell.”

Former Planned Parenthood employee Marianne Anderson also testified to a systemic cover-up of child sexual abuse at the abortion corporation. She described an Asian girl who came to her center with a very controlling man who even talked for the girl. The girl described living in a place with many other young women, little food, and little clothing. Perhaps you and I can read between the lines here, but for Planned Parenthood, no alarm bells were raised and all they saw was the dollar signs for the abortion.

Image: Live Action Aiding Abusers series shows statutory rape investigation into Planned Parenthood

Live Action Aiding Abusers series shows statutory rape investigation into Planned Parenthood

According to Rose, the Aiding Abusers series will also include “two of Live Action’s national undercover investigations into Planned Parenthood.”

The Statutory Rape video will recap when Live Action’s investigators went undercover to see first hand just how Planned Parenthood would respond when faced with alleged child sexual abuse. This systematic cover-up of abuse happening at Planned Parenthood can be seen with new eyes against the backdrop of the Harvey Weinstein scandal and others like it. Since Live Action’s investigation first aired, politicians, celebrities, and reporters have all failed to hold Planned Parenthood to account; rather, they have granted the organization cover.

Image: Live Action Aiding Abusers series Planned Parenthood staffers aids sex traffickers

Live Action Aiding Abusers series Planned Parenthood staffers aids sex traffickers

Live Action’s Sex Trafficking video recaps another Live Action undercover investigation, this time revealing how Planned Parenthood staffers aided and abetted child sex traffickers. Since the first time this investigation was published, Live Action has learned how, rather than investigate the troubling accusations, members of the media simply published the abortion profiteer’s public relations talking points. This type of complicity machinearound Planned Parenthood not only keeps the organization in an unaccountable position of power, but also helps to aid in the continued abuse of child victims.

Image: Planned Parenthood staffers aid sex traffickers (Image Credit: Live Action)

Planned Parenthood staffers aid sex traffickers (Image Credit: Live Action)

Next, Live Action will republish an interview with a former staffer who can testify that after Live Action’s investigation into the way Planned Parenthood aided and abetted sex traffickers, the abortion organization lied to the media when it claimed to be “retraining staff” regarding the reporting of these types of horrific abuses. Tragically, just as in many other instances of complicity in sexual abuse, the media has failed to hold this organization accountable and instead has been a willing pawn in its web of lies.

Image: Planned Parenthood lied about retraining staffers on sexual abuse

Planned Parenthood lied about retraining staffers on sexual abuse

“Our interview with former Planned Parenthood manager, Ramona Treviño,” Rose says in the Aiding Abusers overview video, “reveals that, in the wake of Live Action’s sex trafficking investigation, Planned Parenthood lied to the American people about retraining thousands of staff members to report suspected sexual abuse and human trafficking.”

In the final video of the series, “Prosecution,” Live Action will air a shocking interview with an attorney who, in addition to bringing charges against the Catholic Church for its role in covering up the sexual abuse of young boys, also brought two cases against Planned Parenthood for covering up the rape of teenage girls.

Image: Attorney Brian Hurley discusses how Planned Parenthood covers child sexual abuse

Attorney Brian Hurley discusses how Planned Parenthood covers child sexual abuse

Planned Parenthood’s ongoing history in failing to report suspected child abuse should, at the very least, result in the organization losing millions of taxpayer dollars under the federal Title X Family Planning Program. According to a March 2016 report by the Congressional Research Services, reporting suspicion of child sexual abuse is expected of Title X providers. The report stated that “although minors are to receive confidential services, Title X providers are not exempt from state notification and reporting laws on child abuse, child molestation, sexual abuse, rape, or incest.”

Planned Parenthood has violated this requirement time and time again, yet they continue to be funded. After Live Action’s investigations showed the organization potentially covering for sex traffickers, the deputy secretary for the Office of Population Affairs simply reiterated the expectation to report abuse instead of defunding the abortion giant.

A new rule, recently proposed by HHS, does require reporting of sexual abuse. This docuseries is further evidence as to why this is needed.

In total, Planned Parenthood receives half a billion dollars in federal and state tax monies, despite covering for child sexual predators. A state by state summary of the cases can be viewed at Live Action News, here and here. Additional stories can be read here. More examples will be published in upcoming articles of the Aiding Abusers docuseries. The summaries are tragic and show that time and again, young girls continued to be victimized by their abusers after receiving “services” at the abortion corporation.

Live Action’s Lila Rose stated in a press release:

Despite Planned Parenthood’s public rhetoric as well as laws requiring it to report suspected abuse, its failure to report has been deliberate and widespread. Time and again, rather than reporting abuse to authorities, Planned Parenthood has repeatedly looked the other way and performed abortions on victims as young as 12 years old. These girls deserved advocacy but instead Planned Parenthood staff ignored their abuse and returned them to the waiting arms of their abusers.

Because of flagrant violations like these, the proposed Title X rule tightening on reporting abuse is absolutely necessary. Planned Parenthood has proven that its priority is selling abortions, not caring for the most vulnerable of girls. Planned Parenthood’s culture of cover-up must end, the cycle of abuse of innocent children must end, and Planned Parenthood’s half a billion dollars in annual federal funding must end. Taxpayers cannot be forced to subsidize these abuses of children.

Live Action is releasing this report as the Time’s Up movement is exposing both sexual abusers and those who help them cover up their crimes — the people who knew about the abuse but stayed silent. While Planned Parenthood has attached itself to the Time’s Up movement, the movement should be calling out Planned Parenthood for decades of enabling sexual abusers.

Call upon Congress to investigate and defund this corrupt organization and demand that the media hold Planned Parenthood to account.

    • This article is reprinted with permission. The original appeared here at Live Action News.

Planned Parenthood of Ohio Supreme Court Case regarding failure to report child abuse of teenage victim, seeking medical docs

Posted in child abuse, child predator, Planned Parenthood and Child Predators with tags , , , , , , , , , , , on January 3, 2012 by saynsumthn

Case No. 2007-1832, John and June Roe, Individually and as parents and next friends of Jane Roe, a minor v. Planned Parenthood Southwest Ohio Region, Roslyn Kade, M.D., and John Does 1-6

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Case No. 2007-1832, John and June Roe, Individu…, posted with vodpod

Supreme Court of Ohio – Oral Argument Previews

Court Asked To Order Disclosure of Medical Records of Minors Who Obtained Abortions
John and June Roe, Individually and as parents and next friends of Jane Roe, a minor v. Planned Parenthood Southwest Ohio Region, Roslyn Kade, M.D., and John Does 1-6, Case no. 2007-1832
1st District Court of Appeals (Hamilton County)
ISSUE: In pursuing a civil lawsuit against a clinic for allegedly failing to obtain parental consent before performing an abortion on a 14-year-old girl and allegedly failing to report known or suspected sexual abuse of a minor to police or a children’s services agency, are the parents of the girl entitled to compel the clinic to provide them with the medical records of all minors who obtained abortions through the clinic during the previous 10 years, with information identifying the patients redacted?
BACKGROUND: This case involves Jane Roe of Cincinnati, a 14 year old who obtained an abortion from Planned Parenthood of Southwest Ohio in March 2004. In subsequent legal filings, Planned Parenthood has stated that Jane told its medical staff she had been impregnated by a school classmate and that her parents knew and approved of her plan to obtain an abortion. The clinic also stated that when its representative called the phone number provided by Jane, an adult male who identified himself as Jane’s father answered and confirmed that he knew about and consented to the procedure.
Within weeks after the procedure was performed, a police investigation revealed that Jane had been sexually abused and impregnated by her 21-year-old soccer coach, John Haller; that the phone number provided to Planned Parenthood by Jane had been Haller’s number rather than that of her parents; and that the man the clinic had notified and from whom it had obtained consent for the abortion was Haller, not Jane’s father. Haller was later convicted on seven counts of sexual battery.
Jane’s parents subsequently filed a civil suit on their own behalf and on behalf of Jane seeking compensatory and punitive damages from Planned Parenthood and the physician who performed the abortion. The suit alleged that Planned Parenthood and the doctor intentionally breached their legal duties to: (1) notify Jane’s parents and obtain their consent before performing the abortion; (2) provide Jane with all the information required by law before obtaining her consent to the procedure; and (3) notify police or a child services agency of a known or suspected case of sexual abuse of a minor. In seeking punitive damages from the clinic and doctor, the Roes alleged that the intentional breaches of legal duties in the clinic’s handling of Jane’s case were part of a “pattern or practice” of similar breaches in other cases.
During pretrial proceedings, the Roes filed a discovery motion demanding that Planned Parenthood provide them with copies of all medical records and sexual abuse reports in its files for every minor who had sought an abortion from the clinic in the preceding 10 years. When the clinic refused to comply, the Roes sought and were granted an order of the Hamilton County Court of Common Pleas ordering the clinic to produce the requested records, with all information disclosing the identity of the other patients redacted (blacked out) from the records. Planned Parenthood appealed the trial court’s discovery order to the 1st District Court of Appeals, which reversed the trial court and invalidated the discovery order for the other patients’ records.
The Roes now ask the Supreme Court to reinstate the trial court’s discovery order. They argue that:
• The court of appeals erred by reviewing the trial court’s order under a de novo rather than a much more deferential abuse-of-discretion standard of review. They assert that trial courts have wide discretion to determine whether and when discovery of requested documents is necessary for a plaintiff to establish his claims, and claim that the court of appeals improperly substituted its judgment for that of the trial court by duplicating a balancing test between the Roes’ need for the requested medical records and the confidentiality rights of the clinic’s other patients, especially in light of the fact that all identifying information from the patient records was to be rendered unreadable prior to disclosure.
• The Roes assert that under R.C. 2151.421, the state law requiring certain professionals to disclose known or suspected child abuse to police or child welfare authorities, a proven claim that the clinic systematically failed to report sexual abuse in this case and other patient’s cases would entitle them to punitive damages, and that they need access to the medical records and abuse reports of other minor patients in order to substantiate that pattern of wrongful conduct.
• They also argue that a state law barring the use of sexual abuse reports in lawsuits against the party filing such reports does not bar them from accessing sex abuse reports filed by Planned Parenthood regarding other abortion patients, because the Roes are not suing the clinic for filing those reports, but rather for its failure to file a report in Jane’s case and other similar cases.
Attorneys for Planned Parenthood respond that:
• The court of appeals properly employed a de novo standard of review in overturning the trial court’s discovery order because the clinic’s appeal was based on a question of law (the privileged status of patient medical records) rather than a question of fact for which a trial court’s discovery rulings are reviewed on an abuse-of-discretion standard.
• They contend that because R.C. 2151.421 created a statutory cause of action that did not exist at common law before the 1851 state constitution was adopted, and the legislature did not expressly state in the statute that violations entitle a plaintiff to punitive damages, plaintiffs suing under the statute are limited to seeking only compensatory damages. In the absence of a right to seek punitive damages for a “pattern or practice” of breaches, they add, the trial court erred in finding that there was a “need” for the Roes to examine the privileged medical records of any patient other than Jane in order to prove their claim that the clinic breached its duties in handling Jane’s case.
• Planned Parenthood also argues that R.C. 2151.421(H)(1) expressly prohibits disclosure to the Roes of information from child sexual abuse reports that the clinic filed regarding any of its other patients, and specifically bars the Roes from using information from such reports “as evidence in any civil action or proceeding brought against the person who made the report.”
NOTE: Numerous amicus curiae (friend of the court) briefs have been filed on behalf of both parties in this case. The full text of those briefs and other filings can be accessed online by searching the Court’s online docket at http://www.supremecourt.ohio.gov/Clerk/ecms/default.asp. Click “Go,” and on the search screen enter Case No. 2007-1832.
Contacts
Brian E. Hurley, 513.784.1525, for John & June Roe and Jane Roe.
Daniel J. Buckley, 513.723.4000, for Planned Parenthood of Southwest Ohio.
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These informal previews are prepared by the Supreme Court’s Office of Public Information to provide the news media and other interested persons with a brief overview of the legal issues and arguments advanced by the parties in upcoming cases scheduled for oral argument. The previews are not part of the case record, and are not considered by the Court during its deliberations.
Parties interested in receiving additional information are encouraged to review the case file available in the Supreme Court Clerk’s Office (614.387.9530), or to contact counsel of record.