Florida Court: Abortionist Ordered to Pay Survivor $36 Million in Damages
by Karla Dial: A Florida judge on Monday denied a new malpractice trial to an abortionist previously ordered to pay a victim $36 million.
As a result, James Pendergraft — who owns five abortion clinics in Florida and one near Washington, D.C. — will likely see his businesses close, since he does not carry medical malpractice insurance.
The money will go to Carol Howard for the life-long care of her severely disabled 10-year-old daughter. Howard sought a chemical abortion from Pendergraft in 2001, when she was 20 years old and 22 weeks pregnant. Instead of delivering a stillborn child into a toilet, however, she delivered a live child weighing just over 1 pound at a nearby hospital. Her daughter suffers from cerebral palsy, strokes, brain and lung damage, chronic lung disease, seizure disorders, and has no function on the left side of her body.
“She’s never going to get any better,” Howard’s lawyer, Jennifer Gentry Fernandez, told the Orlando Sentinel after the ruling. “It was a tragically unbelievable situation. Hopefully, it won’t be too much longer until we can get recovery for (Howard).”
If a sonogram had been performed, Fernandez said, Howard would most likely have realized abortion was no longer an option.
In court, Pendergraft’s attorney said if Howard had stayed at the clinic instead of leaving 12 hours after the drugs were administered, the outcome would have been different. Gentry told the jury that when Howard asked clinic staff why the abortion was taking so long, she was told to “change her attitude or get the h— out of the clinic.
Since opening his first Florida clinic in the mid-1990s, Pendergraft has served time in federal prison for extortion and perjury. The Florida Department of Health has suspended his license four times, but at press time, his clinics remained open with other abortionists at the helm.
Howard won her civil case against him in July, when a judge ordered him to pay $18,255,000 in punitive damages, $18 million in compensatory damages to be placed in a trust for her daughter’s care, and more than $400,000 in court costs. Eleven jurors found him guilty, and one declared him “absolutely guilty!”
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As a result, James Pendergraft — who owns five abortion clinics in Florida and one near Washington, D.C. — will likely see his businesses close, since he does not carry medical malpractice insurance.
The money will go to Carol Howard for the life-long care of her severely disabled 10-year-old daughter. Howard sought a chemical abortion from Pendergraft in 2001, when she was 20 years old and 22 weeks pregnant. Instead of delivering a stillborn child into a toilet, however, she delivered a live child weighing just over 1 pound at a nearby hospital. Her daughter suffers from cerebral palsy, strokes, brain and lung damage, chronic lung disease, seizure disorders, and has no function on the left side of her body.
“She’s never going to get any better,” Howard’s lawyer, Jennifer Gentry Fernandez, told the Orlando Sentinel after the ruling. “It was a tragically unbelievable situation. Hopefully, it won’t be too much longer until we can get recovery for (Howard).”
If a sonogram had been performed, Fernandez said, Howard would most likely have realized abortion was no longer an option.
In court, Pendergraft’s attorney said if Howard had stayed at the clinic instead of leaving 12 hours after the drugs were administered, the outcome would have been different. Gentry told the jury that when Howard asked clinic staff why the abortion was taking so long, she was told to “change her attitude or get the h— out of the clinic.
Since opening his first Florida clinic in the mid-1990s, Pendergraft has served time in federal prison for extortion and perjury. The Florida Department of Health has suspended his license four times, but at press time, his clinics remained open with other abortionists at the helm.
Howard won her civil case against him in July, when a judge ordered him to pay $18,255,000 in punitive damages, $18 million in compensatory damages to be placed in a trust for her daughter’s care, and more than $400,000 in court costs. Eleven jurors found him guilty, and one declared him “absolutely guilty!”
Tags: abortionist, Florida, judgement To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
4 Comments:
I HOPE HE HAS TO PAY EVERY PENNY AND GOES BROKE!
She chose to make that child suffer a life she didn't want to be responsible for, hence the abortion. Sympathy? Nope. Instead she's forcing another human being to live in agony, dependence and discomfort to satiate her own guilt. Shame on her.
What stands out to me is at 22 weeks, she "delivered a live child" rather than a "stillborn child in the toilet". I mean, doesn't that bother these women? Knowing they've just taken part in killing their own child? Watching their child come... out in bloody, grotesque little chunks in the toilet bowl - to be flushed away as if they never existed? Secondly, as wrong as I believe this doctor to be for performing the abortion, isn't the woman just as culpable? I mean, he did not chase her down the street and say come here lady and let me kill your baby...I feel terrible for the child who most likely would have been born perfectly fine had she not been conceived in this particular woman. She is however, a living example of how dead wrong abortion is.
Abortion Doctors should know there is a special place reserved for them in Hell.
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