[Pflienews] PharmFacts E-News Update: OH Supremes vote against victims in 2 abortion cases, PP is winner

Thu Jan 24 10:45:18 MST 2008

*PharmFacts E-News Update -- 24 Jan 2008 AD

*
*RIGHT TO LIFE OF GREATER CINCINNATI*
*PRO-LIFE eNEWS*

*Ohio Supreme Court Votes Against Parents in Wrongful Abortion Lawsuit*

January 24, 2008--See the following news story regarding one of two 
cases <http://www.cincinnatirighttolife.org/projects.asp> 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. 

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.

    * Those who voted for this family to hear the case: Justices Moyer,
      Cupp and O'Donnell

_*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 
years' 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 Roes' 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 O'Connor, 
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."

------

Copyright 2008, Right to Life of Greater Cincinnati, Inc. 1802 W. 
Galbraith Rd., Cincinnati, OH, 45239; 513/728-7870, 
http://www.cincinnatirighttolife.org

Information may be shared and distributed.

------------------------------------------------------------------------

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