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Civil lawsuit case against James Pendergraft, 7/24/2011

Plaintiff is awarded $36.7 million from notorious Florida abortionist

ORLANDO (FRI- 7/23/2011) — A Florida abortionist who frequently has run afoul of the law, James Scott Pendergraft, was in court all last week facing damaging testimony in the case of a baby born alive after a botched abortion.

A few years ago, I began to chronicle the numerous criminal activities and botched abortions that surround James Pendergraft’s chain of Florida abortion centers. Pendergraft is featured in the new DVD, The Abortion Matrix and more prominently in Abortion Clinic 911 Calls.

In 2007, pro-life evangelist Patte Smith and I put together a series of videos about Pendergraft. According to Patte, “Viable infants have been being killed by labor and delivery abortion each week at James Pendergraft’s abortion centers since 1996. Some of the babies have been born alive.”

In this clip from Abortion Clinic 911 Calls, Patte describes the type of labor and delivery abortion that often results in second and third trimester babies being born alive and left to die. Here the case that resulted in this lawsuit, is described.

Born alive from abortion and survived

Here is the story of one of the babies who survived an induction of labor abortion attempt at Orlando Women’s Center.

By Patte Smith

Her baby girl was born alive after she tried to abort her at Orlando Women’s Center

On November 15, 2001, 20-year-old single mother Carol Howard drove her white Chevy Malibu to Orlando Women’s Center to abortion her baby at 22.3 weeks gestation (a little more than halfway to her due date). She was pregnant for the third time. Along with a living child, Carol had already had aborted one baby previously. The counselor at the abortuary, Davella Clerveau, took Carol through the consent forms. Ms Clerveau made a note of Carol Howard’s reason for termination: “personal choice.”

The “informed consent to terminate pregnancy” form is three detailed pages, including many of the risks of abortion. Carol put her signature, or initial, on every page. One of the forms asked the question: “How do you feel about having an abortion?” Carol Howard circled: “scared,” “bad,” “sad” and “guilty.”

Another question was “What are your main concerns about the abortion today?” Carol circled: “That I’ll have complications” and “That I’ll be punished.” Carol also signed a document entitled, “Informed Consent for Induction of Labor,” among other forms. Carol wrote that she was referred to Orlando Women’s Center by Dr Wolford of Orlando. Davella explained what would be involved in aborting her living, viable baby. The method of abortion at this stage is induction of labor and delivery. If all went according to plan Carol Howard’s infant would be stillborn. Carol paid $1300 cash to have her infant murdered. All did not go according to plan.

Carol Howard was induced into labor at Orlando Women’s Center that day. According to her medication flow sheet 200mg of Cytotec were administered to Carol Howard every hour beginning at 1:30pm through midnight. At 1:30am clinic worker Tanya Severance noted in her chart: “1 am Patient was very upset about us not being able to give her pain meds. She left without signing release. Would not talk with us before leaving in a fit of temper…. She also thought this was taking way to long.”

Carol Howard left the Orlando Women’s Center in labor and ended up at Arnold Palmer Hospital. Her medical record from Orlando Women’s Center notes that OWC clinic worker Janet Ranier called ORMC’s ER to see if Carol Howard was there. Her medical record notes that Ms Ranier was advised “she was at Arnold Palmer in Labor & Delivery… Janet spoke with Linda Poole in Labor & delivery. Linda Poole says that at 4:35 am she was delivering.” That note was signed “TS” (clinic worker Tanya Severence, now deceased).

Carol Howard’s baby girl was born alive at Arnold Palmer hospital on November 16, 2001. She weighed 555 grams, which is 1 lb, 6 oz. Carol’s baby girl, identified only as “JH” in court documents, was given heroic medical treatment and she survived. Carol Howard had paid good cash money to have her baby murdered. She did not get what she paid for.

On May 25, 2004 a civil action was filed (Case 04CA-1202 Orange County, Florida) against abortionist Randall Whitney, James Scott Pendergraft & Orlando Women’s Center. The Plaintiff Douglas B Stalley, guardian de son tort of the property of JH, an incapacitated Minor. That minor is Carol Howard’s baby girl. She is 10 years old now. The suit is to provide funds for the lifetime care of JH, Carol’s daughter.

Carol Howard’s daughter “JH” suffered enormous physical problems as a result of being born too early. These are listed in court documents (but not limited to):

cerebral palsy
loss of function of left side of body
strokes/brain damage
physical, emotional & cognitive delays
lung damage & chronic lung disease &
seizure disorder

I have been told that this case is finally coming to trial in Orlando’s Orange County Court. The information I have is that the trial started today. Please pray that all of the details of this case become public. Pray that babies like little JH are protected in life and law.

“Absolutely Guilty!”

The civil lawsuit case concluded Friday, July 22, 2011. On Thursday, July 21st, all the jurors pronounced abortionist James Pendergraft “guilty” with the exception of the last juror who exclaimed, “Absolutely guilty!” The plaintiff was awarded over 18 million dollars to be paid into a trust that will be used for medical care for her daughter, while a smaller portion went to a fine. The next day, the punitive damages against abortionist James Pendergraft brought the total to $36.7 million.

This case has taken many years to come to trial. In the years since Pendergraft arrived in Florida, he has been incarcerated in federal prison for extortion and perjury and has had his license to practice medicine suspended four times by the Florida Department of Health. His chain of five abortion clinics in the state of Florida remains open. We pray that we may be seeing the beginning of the end of James Pendergraft’s reckless trail of terror.

See also the full series of interviews with Patte Smith relating to Baby Rowan, another infant who was born alive after his mother procured a labor and delivery abortion at EPOC, an abortuary also owned by James Pendergraft in Orlando:

Comments

Your comments are welcome!

I believe it was 36 million, also the jurors just had to say “yes” which they all did except the last gentleman who said “absolutely”. Lastly not to sure about criminal vs. civil but from what I understand he is not “guilty” b/c it’s not a criminal case

Posted by Deanna Waller on 07/23/2011 09:10 PM #

Hi, my name is Karena Jones. When I was 13, Doctor James Pendergraft performed an abortion and I was in my third trimester. Because of that I had problems carrying my son. My son was born at 27 weeks cause my uterus wasn’t strong enough to hold my son and now I will never be able to enjoy a good pregnancy.

Posted by karena jones on 01/30/2012 04:05 PM #

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