Archive for James Scott Pendergraft

Report: 16 Babies born alive during abortions in Florida

Posted in Abortion clinic, Babies Born Alive, Dreaded Complication, Florida Abortion Clinics, Planned Parenthood with tags , , , , , , , , , , , , , , , , , , , , , on April 18, 2018 by saynsumthn

16 infants in Florida born alive after surviving abortion attempts

abortion survivors

Over the past few years, a total of sixteen babies have been born alive after attempted abortions in the state of Florida, according to online reports. The information, collected by the state from abortion providers, is compiled in the report, “ITOP Report of Infants Born Alive, By County Where Terminations Occurred, Florida,” on file at the Agency for Health Care Administration (AHCA). According to a spokesperson from the AHCA, ITOP stands for “Induced Termination of Pregnancy.”

Thus far in 2018, one baby has been born alive in Florida during an abortion attempt. In 2017, there were 11 abortion survivors. There were none recorded born alive in 2016 or 2013, but there were four abortion survivors in 2015.

A previous Live Action News report noted that in 2015 alone, there were several reports of abortion survivors: one in Michigan, five in Minnesota, and, as already mentioned, four in Florida — three in Alachua County and one in Jackson County. That same year, 5,132 elective abortions were reportedly committed on women between the 13th and 24th week of pregnancy; that number has since been updated to 5,195 with a total of 5,695 for all reasons, including various “health” reasons.

Image: Four babies born alive after attempted abortions in Florida in 2015

Four babies born alive after attempted abortions in Florida in 2015

Four babies born alive after attempted abortions in Florida in 2015

Now, only a few years later, that number has increased substantially, especially in Alachua County.

Graph: Babies born alive after abortion in Florida

Babies born alive after abortion in Florida

Although the documents do not indicate whether the reports of abortion survivors originated from a hospital or an abortion facility, records currently on file with the state reveal that there are only two licensed abortion facilities in Alachua County where ten babies have been reported to have survived abortion attempts since 2015. One is an abortion facility called Bread and Roses, and the other is the All Women’s Health Center, a chain which operates multiple abortion facilities in the state — including the only licensed abortion facility in Seminole County, where one baby was reported to have survived an abortion in 2017.

State records also show that there are six licensed abortion facilities in Hillsborough County, where three babies survived abortion attempts in 2017. Of those six facilities, two are Planned Parenthood centers. In Jackson County, where one baby survived an abortion in 2015, there are currently no licensed abortion facilities.

In Orange County, where another baby survived an abortion attempt in 2017, there are currently three licensed abortion facilities (down from five in 2016 and six in 2017) including two Planned Parenthood facilities and a late-term facility operated by the infamous James Scott Pendergraft.

Florida’s official definitions for how abortion providers are to file their reports define a baby born alive as one that is breathing, has a beating heart, or has voluntary muscle movements after expulsion:

Was/were the infant(s) born alive during or immediately after attempted abortion? – Select the appropriate response. “Born alive” is defined in 390.011(4), F.S. as: “Born alive” means the complete expulsion or extraction from the mother of a human infant, at any stage of development, who, after such expulsion or extraction, breathes or has a beating heart, or definite and voluntary movement of muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, caesarean section, induced abortion, or other method.

What happened to the babies who survived the attempted abortions is unclear, as no additional information was available from the reports.

Florida law requires that “[a]n infant born alive during or immediately after an attempted abortion must be immediately transported and admitted to a hospital pursuant to s. 390.012(3)(c) or rules adopted thereunder.” The law also requires that any employee of a hospital, physician’s office, or an abortion clinic who is aware of a violation of the born-alive law must report it.

In 2013, as Live Action News has previously reported, during hearings in Florida about protecting abortion survivors, lobbyist Alisa LaPolt Snow (representing the Florida Alliance of Planned Parenthood Affiliates), admitted to the Florida legislature that Planned Parenthood takes issue with allowing infants born alive after failed abortions to be transported to a hospital.

In the video, the Planned Parenthood spokesperson states that the organization believes the decision about whether to assist a baby who survives and abortion should be left up to the woman and her abortion provider. The shocking dialogue shows the depraved mentality behind abortion – that even if the baby escapes the horrific procedure alive and is struggling to survive on the table, abortion providers still want the power to terminate that child’s life.

Since 2015, the state of Florida has reported nearly 221,000 abortions (YTD) including over 13,000 “elective” second trimester (13 to 24 weeks) abortions out of a total of 16,000 second trimester abortions for all reasons, including “health of the mother or baby.”

To date, the state has only reported one third trimester abortion since 2015.

Spread SHeet: Florida abortions 2015 to April 2018 YTD

Florida abortions 2015 to April 2018 YTD

Reports detailing health inspections at Florida abortion facilities for 2016 reveal that deficient practices were identified in 23 of the 68 inspections conducted by health officials that year, and 15 out of 55 in 2017. Inspectors found expired medications, missing documents, discrepancies in medical records, inadequate equipment, and one including missing documentation on gestational age, among other infractions. In addition, in 2016, state fines were issued in 20 instances where abortion facilities filed late ITOP reports. The following year, in 2017, fines were assessed in 10 instances for facilities which filed late reports.

Infants born alive inside abortion facilities have haunted the abortion industry for many years, as Live Action News has documented several times. In fact, one national news outlet even dubbed the term the “dreaded complication.” In 2013, Live Action’s undercover cameras exposed the chilling admissions of abortionists inside America’s late-term abortion industry during third trimester abortions and partial-birth abortions. Although these abortionists confess to the humanity of often viable, fully developed children, they inflict inhuman and cruel abortion procedures against them.

In the video above, you can hear one abortion staffer telling Live Action’s undercover patient that “one medical definition of a baby, I think, is, technically, until it’s born. Until then, when it’s in gestation it’s considered a fetus.”

This kind of delusional dehumanization of preborn children is the very reason why abortion is so prevalent today.

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

Florida abortion clinic may close after owner’s arrest and criminal charges

Posted in Abortion clinic closed by state, Abortionist Investigated, Abortionist Under Investigation, Abortionists and Drugs, Florida Abortion Clinics, Pendergraft with tags , , , , , , , , , on February 16, 2016 by saynsumthn

The State of Florida is threatening to close an abortion clinic owned by a notorious late term abortion provider who was recently arrested on drug charges in another state. James Scott Pendergraft, who operates 5 abortion clinics in the state, was arrested in October of 2015 for possession of drugs after being stopped for speeding in South Carolina. As Live Action News previously reported, at the time of his arrest, Pendergraft, was also found to have in his possession surgical implements that were covered in blood and human tissue from abortions he had illegally performed throughout South Carolina. Despite having his medical license revoked at the time, Pendergraft was only charged with being in the possession of illegal narcotics.

Pendergraft-Booking-Info-Spartanburg-Co

Spartanburg County filed the criminal charges against Pendergraft and made his first court appearance in December of last year.

In January 2016, The Agency for Health Car Administration (AHCA), which licenses abortion clinics in the sunshine state, filed an action to revoke Pendergraft’s license to operate the Orlando Women’s Center abortion clinic located at Lucerne Terrace. AHCA’s complaint states that, “with his arrest and criminal charges, Mr. Pendergraft is disqualified and is no longer in compliance with Florida law.”

AHACA Pendergraft abortion

“It all has to do with drug charges out of South Carolina but unfortunately nothing to do with any of the other things he has done in the state,” Michele Herzog, spokesperson of Pro-life Action Ministries who side walk counsels in front of Pendergraft’s Orlando abortion facilities.

James Pendergraft

Pendergraft has had his medical license suspended several times by the state’s medical board before it was eventually revoked indefinitely. In 2011, Pendergraft lost a lawsuit after the baby survived a late term abortion attempt. The woman was awarded $36 million in damages to take care of the child who is now severely disabled.

Herzog pointed out that Pendergraft aggressively advertises his late term abortion clinics nationwide, offering women abortion discounts to get them to his door as well appointments on Sunday. But, despite his persistence, Herzog is optimistic that his abortion clinics will eventually be shut down. She said that are a number of faithful Christians are praying in front of Pendergraft’s abortion clinics and reaching out to the women he profits off of.

PRO-LIFERS PRAY OUTSIDE FLORIDA ABORTION CLINICS

Michele Herzog at abortion clinic _1966575157450086872_n

All 5 Pendergraft abortion facilities are covered in prayer Herzog said noting that she organizes the outreach outside EPOC abortion clinic in Orlando where other faithful pro-lifers join her. Pro-lifer and evangelist John Barros and several others ministers outside Orlando Women’s Center (OWS), where pro-lifers have witnessed women taken from the clinic by ambulances. But, they often speak to women who change their mind and choose to keep their baby.

“Through Barros’ faithful ministry many babies are alive today,” Herzog said.

Barros Orlando Womens00390434_413136637_n

Barros responded to news that OWS might be closed by the state, telling WFTV, “God uses different things in different ways and it usually is in different ways than we could ever have imagined.

Ft Lauderdale Womens

In Ft. Lauderdale, John and Tewannah Amen as well as members of Broward County Right to Life pray and sidewalk counsel outside the Ft. Lauderdale Women’s Center. Pendergraft’s Tampa and Ocala abortion facilities are also covered with prayer and pro-life sidewalk counselors on a regular basis.

This abortion empire needs to come to an end,” Herzog said.

herzog-woman-care

Pro-lifers in Florida have watched God close a number of clinics in the state including two already this year. WomanCare in Orlando and Planned Parenthood of Winter Haven closed their doors after years of prayer and hard work from the activists. Herzog said that WomanCare abortion clinic was evicted the end of January just months after she and a group of prayer warriors walked inside the clinic on Good Friday 2015 and prayed for God to close the clinic permanently. Although staff was in the building, no one knew the pro-lifers were in the waiting room until they left.

PP Winter Haven 6c5dbab1-e87b-4721-a30f-204a5eb91839

The Winter Haven Planned Parenthood, which just closed their doors, was also covered in prayer on a regular basis. Herzog said that pro-lifer Scott Newman along with members of Sidewalk Advocates for Life, who originally reported the closing, faithfully prayed and sidewalk counseled in front of that abortion facility as well.

Controversial Florida coupon abortion clinic now advertising cheap late term abortions on YouTube

Posted in Abortion Coupon, Pendergraft with tags , , , , , , , on August 26, 2013 by saynsumthn

A Florida abortion clinic which caused a controversy after they posted a coupon for $50.00 off abortions performed on SUNDAY and then additional coupons for $100.00 off, is now uploading a ton of youtube videos for Cheap, Affordable, Late Term and Second Trimester Abortions!

YouTuba Ads Late Term Ab 12345

pendergraft

Owner, James Scott Pendergraft told the media he would be opened 7 days a week after he was closed following seizure of his assets for a medical malpractice claim he was not paying on.

UPDATE: Within days of posting this – several Pendergraft vids were removed, maybe he had pics of actresses in them again?

These are still active:

Abortionist James Scott Pendergraft has a sordid history which you can read here

Pendergraft lost a $36 million lawsuit and because he had not made any payments to the woman he injured, his office equipment was seized. But within weeks, the abortionist was up and running and in business yet again.

In 2012, Operation Rescue caught late-term abortionist James S. Pendergraft IV and his Maryland accomplice, Harold O. Alexander, red-handed operating an illicit late-term abortion mill in Forestville, MD. Learn more about that here

According to the Forerunner Blog, Pendergraft has lost his medical license five times in the state of Florida:

The most recent suspension stems from unpaid fines going back to 2006. A Florida Department of Health suspension order filed on Friday, April 19, 2013 reads in part:

Suspension Language – Respondent’s Florida medical license shall be indefinitely suspended until such time as Respondent complies with the following outstanding terms in the Final Order (DOH-10-0208-FF-MQA) issued in Case Number 2006-05930:

A. Respondent must pay the outstanding a fine in the amount of nineteen thousand ($19,000.00) dollars;

B. Respondent must pay costs in the amount of one-hundred two thousand three hundred and twenty-one cents ($102,303.22)….

Addresses – Respondent must keep current residence and practice addresses on file with the Board. Respondent shall notify the Board within ten (10) days of any changes of said addresses.

Pendergraft’s first three suspensions were the result of evidence that he did illegal third trimester abortions in 2004 and 2005. These suspensions were imposed in 2006, 2007 and 2009. The fourth suspension was imposed in 2010 on evidence that Pendergraft

Allowed a woman employee to administer narcotics to patients although she had no license to do so;
Knew she abused drugs but gave her “free reign” to order drugs under his name;
Prescribed steroids for the woman without medical justification.

Pendergraft’s license then came up for review on April 24th, 2012. The complaint stated that Pendergraft still owed a fine of $121,303.22 from the time of the previous suspension of his license in 2010. As a result of a pledge to pay his fines, James Pendergraft’s medical license status was changed from “suspended” to “probation.” This meant he could operate under the supervision of another doctor. Then in February 2013, the state board suspended Pendergraft one more time, this time “indefinitely” for failure to pay.

As far back as 1999, a Florida Agency for Health Care Administration report noted the following incidents of babies that had been born alive at several of Pendergraft’s abortion clinics:

Interview with the physician revealed there was an incident … where a patient allegedly went out to get some lunch after starting the procedure, got lost, delivered a viable fetus in the car, and patient and fetus were sent immediately to the hospital. Baby lived 2 days. Policy changed, patients no longer leave after getting medication…. Physician also stated that sometimes an 18 week old fetus may twitter but this is not considered “viable.”

On April 2nd, 2006, 911 Emergency received a frantic call from a woman claiming her friend had given birth to a live baby at Pendergraft’s EPOC clinic in Orlando. Harry Perper was the abortionist on duty. When the mother alerted medical staff that her baby was born alive, the staff told her to leave the baby in the toilet. An autopsy report and photos revealed a perfectly formed baby boy who died from premature birth, confirming part of the mother’s story.

Florida abortion clinic – Sunday discount – not the only marketing method used

Posted in Abortion Coupon, Pendergraft with tags , , , , , , , , , on August 14, 2013 by saynsumthn

A Florida abortion clinic is causing a controversy after they posted a coupon for $50.00 off abortions performed on SUNDAY! Owner, James Scott Pendergraft told the media he would be opened 7 days a week after he was closed following seizure of his assets for a medical malpractice claim he was not paying on.

Orlando-Womans-Center

pendergraftAbortionist James Scott Prendergraft

Abortionist James Scott Pendergraft owns a chain of abortion clinics in Florida called:

Orlando Women’s Center (here)
EPOC Clinic (here)
Ocala Women’s Center
Women’s Center of Hyde Park (here)
Fort Lauderdale Women’s Center (here)

Pendegraft said he has six licensed doctors on staff performing abortions since he cannot. He said he’s working on getting the seized equipment back, as well as his license.

Abortion is BIG BUSINESS and Later Term Abortions even bigger !

Abortionist James Scott Pendergraft has a sordid history which you can read here

He recently lost a $36 million lawsuit and because he had not made any payments to the woman he injured, his office equipment was seized. But within weeks, the abortionist was up and running and in business yet again.

PendergraftJune2013clinicseizure

Read more here and here

In 2012, Operation Rescue caught late-term abortionist James S. Pendergraft IV and his Maryland accomplice, Harold O. Alexander, red-handed operating an illicit late-term abortion mill in Forestville, MD. Learn more about that here

According to the Forerunner Blog, Pendergraft has lost his medical license five times in the state of Florida:

The most recent suspension stems from unpaid fines going back to 2006. A Florida Department of Health suspension order filed on Friday, April 19, 2013 reads in part:

Suspension Language – Respondent’s Florida medical license shall be indefinitely suspended until such time as Respondent complies with the following outstanding terms in the Final Order (DOH-10-0208-FF-MQA) issued in Case Number 2006-05930:

A. Respondent must pay the outstanding a fine in the amount of nineteen thousand ($19,000.00) dollars;

B. Respondent must pay costs in the amount of one-hundred two thousand three hundred and twenty-one cents ($102,303.22)….

Addresses – Respondent must keep current residence and practice addresses on file with the Board. Respondent shall notify the Board within ten (10) days of any changes of said addresses.

Pendergraft’s first three suspensions were the result of evidence that he did illegal third trimester abortions in 2004 and 2005. These suspensions were imposed in 2006, 2007 and 2009. The fourth suspension was imposed in 2010 on evidence that Pendergraft

Allowed a woman employee to administer narcotics to patients although she had no license to do so;
Knew she abused drugs but gave her “free reign” to order drugs under his name;
Prescribed steroids for the woman without medical justification.

Pendergraft’s license then came up for review on April 24th, 2012. The complaint stated that Pendergraft still owed a fine of $121,303.22 from the time of the previous suspension of his license in 2010. As a result of a pledge to pay his fines, James Pendergraft’s medical license status was changed from “suspended” to “probation.” This meant he could operate under the supervision of another doctor. Then in February 2013, the state board suspended Pendergraft one more time, this time “indefinitely” for failure to pay.

As far back as 1999, a Florida Agency for Health Care Administration report noted the following incidents of babies that had been born alive at several of Pendergraft’s abortion clinics:

Interview with the physician revealed there was an incident … where a patient allegedly went out to get some lunch after starting the procedure, got lost, delivered a viable fetus in the car, and patient and fetus were sent immediately to the hospital. Baby lived 2 days. Policy changed, patients no longer leave after getting medication…. Physician also stated that sometimes an 18 week old fetus may twitter but this is not considered “viable.”

On April 2nd, 2006, 911 Emergency received a frantic call from a woman claiming her friend had given birth to a live baby at Pendergraft’s EPOC clinic in Orlando. Harry Perper was the abortionist on duty. When the mother alerted medical staff that her baby was born alive, the staff told her to leave the baby in the toilet. An autopsy report and photos revealed a perfectly formed baby boy who died from premature birth, confirming part of the mother’s story.

So after several run ins with the Medical Board over his complete disregard for unborn children and women- Pendergraft remains in business. Abortion is very lucrative as is obvious from the many ways that Pendergraft advertises online:

OWC AD_html

OWC AD 2images

OWC  pendergraft3

OWC Pill Discount

OWC promotion2 (1)

__________________________________________________________________________________________________________________________________________________________________________________

And on YouTube- Pendergraft wants to suck every dollar he can out of the late term abortion business by advertising to every city he can reach:

OWC 1OWC 2OWC 3OWC 4OWC 5

Abortion is BIG Business for Pendergraft. His advertisements are produced to lure women into feeling safe. On his “About Us” page he refers to himself as Dr. James S Pandergraft, despite that fact that his medical license has been suspended several times:

Here is a YouTube he entitled : Best Abortion Doctor USA: (HUH?)

AbouttFounder

In fact, his license if CURRENTLY suspended in July 2013 as I write this blog:

July 2013 Suspended Lic

Pendergraft advertises LATE TERM ABORTIONS under many websites so he can grab every dollar there is in killing babies:

Here is one

Late Term Abortion Net

And here

LegalAbbyPillWebsite

He also advertises at Abortionclinicsonline ( here)

Here Pendergraft advertises abortions 3 to 34 weeks even though they are only legal (for any reason) up to 24 weeks in Florida:

Pendergraft 3 to 34 weeks

_____________________________________________________________________________________________________________________________________________________________________________

Why all the effort to advertise, to keep running abortion clinics and stay in business after several run-ins with the state – the only explanation is that Late Term Abortion is BIG BUCKS for James Pendergraft !!! What do you think? Leave a comment –

Late Term Abortion – Big Business in Florida

Posted in Abortion Advertisement, abortion clinic safety, Abortionist, Late term abortion, Pendergraft with tags , , , , , , on July 29, 2013 by saynsumthn

pendergraftAbortionist James Scott Prendergraft

Abortionist James Scott Pendergraft owns a chain of abortion clinics in Florida called:

Orlando Women’s Center (here)
EPOC Clinic (here)
Ocala Women’s Center
Women’s Center of Hyde Park (here)
Fort Lauderdale Women’s Center (here)

Abortion is BIG BUSINESS and Later Term Abortions even bigger !

Abortionist James Scott Pendergraft has a sordid history which you can read here

He recently lost a $36 million lawsuit and because he had not made any payments to the woman he injured, his office equipment was seized. But within weeks, the abortionist was up and running and in business yet again.

PendergraftJune2013clinicseizure

Read more here and here

In 2012, Operation Rescue caught late-term abortionist James S. Pendergraft IV and his Maryland accomplice, Harold O. Alexander, red-handed operating an illicit late-term abortion mill in Forestville, MD. Learn more about that here

According to the Forerunner Blog, Pendergraft has lost his medical license five times in the state of Florida:

The most recent suspension stems from unpaid fines going back to 2006. A Florida Department of Health suspension order filed on Friday, April 19, 2013 reads in part:

Suspension Language – Respondent’s Florida medical license shall be indefinitely suspended until such time as Respondent complies with the following outstanding terms in the Final Order (DOH-10-0208-FF-MQA) issued in Case Number 2006-05930:

A. Respondent must pay the outstanding a fine in the amount of nineteen thousand ($19,000.00) dollars;

B. Respondent must pay costs in the amount of one-hundred two thousand three hundred and twenty-one cents ($102,303.22)….

Addresses – Respondent must keep current residence and practice addresses on file with the Board. Respondent shall notify the Board within ten (10) days of any changes of said addresses.

Pendergraft’s first three suspensions were the result of evidence that he did illegal third trimester abortions in 2004 and 2005. These suspensions were imposed in 2006, 2007 and 2009. The fourth suspension was imposed in 2010 on evidence that Pendergraft

Allowed a woman employee to administer narcotics to patients although she had no license to do so;
Knew she abused drugs but gave her “free reign” to order drugs under his name;
Prescribed steroids for the woman without medical justification.

Pendergraft’s license then came up for review on April 24th, 2012. The complaint stated that Pendergraft still owed a fine of $121,303.22 from the time of the previous suspension of his license in 2010. As a result of a pledge to pay his fines, James Pendergraft’s medical license status was changed from “suspended” to “probation.” This meant he could operate under the supervision of another doctor. Then in February 2013, the state board suspended Pendergraft one more time, this time “indefinitely” for failure to pay.

As far back as 1999, a Florida Agency for Health Care Administration report noted the following incidents of babies that had been born alive at several of Pendergraft’s abortion clinics:

Interview with the physician revealed there was an incident … where a patient allegedly went out to get some lunch after starting the procedure, got lost, delivered a viable fetus in the car, and patient and fetus were sent immediately to the hospital. Baby lived 2 days. Policy changed, patients no longer leave after getting medication…. Physician also stated that sometimes an 18 week old fetus may twitter but this is not considered “viable.”

On April 2nd, 2006, 911 Emergency received a frantic call from a woman claiming her friend had given birth to a live baby at Pendergraft’s EPOC clinic in Orlando. Harry Perper was the abortionist on duty. When the mother alerted medical staff that her baby was born alive, the staff told her to leave the baby in the toilet. An autopsy report and photos revealed a perfectly formed baby boy who died from premature birth, confirming part of the mother’s story.

So after several run ins with the Medical Board over his complete disregard for unborn children and women- Pendergraft remains in business. Abortion is very lucrative as is obvious from the many ways that Pendergraft advertises online:

OWC AD_html

OWC AD 2images

Orlando-Womans-Center

OWC  pendergraft3

OWC Pill Discount

OWC promotion2 (1)

__________________________________________________________________________________________________________________________________________________________________________________

And on YouTube- Pendergraft wants to suck every dollar he can out of the late term abortion business by advertising to every city he can reach:

OWC 1OWC 2OWC 3OWC 4OWC 5

Abortion is BIG Business for Pendergraft. His advertisements are produced to lure women into feeling safe. On his “About Us” page he refers to himself as Dr. James S Pandergraft, despite that fact that his medical license has been suspended several times:

Here is a YouTube he entitled : Best Abortion Doctor USA: (HUH?)

AbouttFounder

In fact, his license if CURRENTLY suspended in July 2013 as I write this blog:

July 2013 Suspended Lic

Pendergraft advertises LATE TERM ABORTIONS under many websites so he can grab every dollar there is in killing babies:

Here is one

Late Term Abortion Net

And here

LegalAbbyPillWebsite

He also advertises at Abortionclinicsonline ( here)

Here Pendergraft advertises abortions 3 to 34 weeks even though they are only legal (for any reason) up to 24 weeks in Florida:

Pendergraft 3 to 34 weeks

_____________________________________________________________________________________________________________________________________________________________________________

Why all the effort to advertise, to keep running abortion clinics and stay in business after several run-ins with the state – the only explanation is that Late Term Abortion is BIG BUCKS for James Pendergraft !!! What do you think? Leave a comment –

TYPICAL: Male abortionist blames female abortion patient for botched procedure which landed him a $36 million dollar judgment

Posted in Abortion, abortion clinic safety, Abortion Clinic Worders, Abortion complication, Abortion injury, Abortion pill, Abortion Regulation, Abortionist, Cyotec, Pendergraft with tags , , , , , , , on August 15, 2011 by saynsumthn

8/16/2011: UPDATE: Judge denies Orlando-area abortion doctor new trial in $36 million malpractice case

The Orlando Sentinel is asking: Will judge reverse $36M verdict against Orlando-area abortion doctor?

An Orange Circuit judge is likely to decide soon whether to reverse a $36.7 million jury award in a medical-malpractice case decided last month against a suspended Orlando-area abortion doctor and his clinic, the Orlando Women’s Center.

An Orange County jury awarded $18.7 million in compensatory damages and a total $18 million in punitive damages against James Scott Pendergraft IV and the Orlando Women’s Center, where he was listed in court papers as one-time medical director.Pendergraft’s attorney, Robert Nesmith, filed a post-trial motion early this month to set aside the verdict for the monetary damages. He also requested a new trial. Nesmith would not comment with the case still pending.

Pendergraft, listed as founder of the Orlando Women’s Center on its website and as the “business owner” by someone answering the phone at a clinic location, could not be reached for comment.

State Department of Health records show Pendergraft cannot currently practice medicine in Florida.

“His license status is currently suspended,” DOH spokeswoman Jennifer Hirst said. However, it is not revoked, and all details behind the license suspension were not immediately available.

The lawsuit involves a woman, identified as C.H. in court documents, who went to the Orlando Women’s Center on Nov. 15, 2001, to terminate what she thought was a 16- to 20-week pregnancy. Staff at the center determined she was 22.3 weeks pregnant, according to the complaint and other court records.

Staff at the clinic gave her 12 doses of Cytotec and a single dose of RU-486 during an 11- or 12-hour period to induce labor. Neither Pendergraft nor another physician at the facility, Dr. Randall B. Whitney, personally evaluated, examined or treated the woman, the lawsuit says.

At about 1 a.m. Nov. 16, “C.H. was instructed to and/or allowed to leave the Orlando Women’s Center while in active labor,” according to the claim.

She then went to the emergency room at Orlando Regional Medical Center in “active labor” and gave birth by cesarean section “to a viable female child,” the lawsuit says.

That baby, identified in court documents as J.F., was “born prematurely and has suffered catastrophic and permanent bodily injuries, impairment, disability, [and] disfigurement.” Expenses related to the child’s care and treatment formed the basis of the lawsuit.

In his motion to set aside the verdict, Nesmith argues that “strict liability” should not have applied in this case. “This is a standard negligence case,” he wrote.

His argument covers Florida’s statute governing so-called partial-birth abortions, while maintaining the procedure performed on C.H. was not an attempted partial-birth abortion.

“By Florida statutes and previous cases, the fetus was not viable when the mother presented to Orlando Women’s Center and thus [the statute] does not apply in this case and therefore there cannot be strict liability,” Nesmith wrote. “Strict liability statutes … only apply to persons,” he also argued. “A fetus is not a person.”

Because the woman came to the center to have an abortion, “survival of the plaintiff’s child was never anticipated under this arrangement,” Nesmith argued.

He also claims the judge made an error in not allowing the defendant to show “the patient was at fault.” Nesmith says C.H. was negligent “for bolting from the Orlando Women’s Center.” She was not asked or forced to leave the clinic, and had she stayed “the abortion procedure would have been completed ….”

Read Rest Here

Previous News Story about this Abortionist: