ABORTION-BREAST CANCER NEWS HEADLINES

Abortion Doctor Settles Malpractice Suit

Failed to Inform Patient of Breast Cancer Risk from Abortion Procedure

Women’s Injury Network Press Release, October 22, 2003, Philadelphia, USA

Represented by attorney Joseph P. Stanton, a Pennsylvania teenager who sued abortionist Charles Benjamin and the Cherry Hill Women’s Center successfully settled her medical malpractice case on October 17, the eve of trial, in a Philadelphia County court. Her case is the first medical malpractice lawsuit in the United States to reap a settlement based on a claim for the failure of an abortionist and clinic to inform a woman of the increased risk of breast cancer due to abortion. The clinic required that the settlement amount be kept confidential.

When "Sarah" (not her real name) was 17, her high school guidance counselor facilitated her second-trimester abortion in New Jersey without her parents’ knowledge. Now 22, Sarah has suffered tremendously in the aftermath of her abortion. While Sarah is not currently diagnosed with breast cancer, it has been shown that an abortion increases the statistical odds of developing breast cancer in two ways:1) it delays first term pregnancies; and 2) increases the number of cancer-vulnerable breast cells due to estrogen overexposure early in pregnancy. Estrogen is connected with the development of most breast cancers. It stimulates the increase of normal and cancer-vulnerable breast cells. An abortion causes a woman to lose the benefit of a third trimester protection process, which would have neutralized estrogen overexposure by maturing her breast cells into milk-producing, cancer-resistant tissue. Thus, abortion leaves her with more cancer vulnerable cells than what she had before her pregnancy began.

Sarah’s claims for compensation were based, in part, on her current need, rather than at age 40, as normally recommended, for medical monitoring (mammograms, etc.) for early detection of breast cancer. Doctors estimated that cost to be $2,500 annually. Sarah was also diagnosed with post-traumatic stress syndrome following the abortion. The settlement proceeds will help Sarah to obtain the early medical screening for breast cancer and the future psychological counseling that she needs.

Linda Rosenthal, an attorney with the Center for Reproductive Law and Policy (CRLP) in New York, petitioned this Philadelphia court to permit her to participate as a lawyer in the case on the side of the defendant doctor and clinic against this young woman plaintiff. The CRLP is a national public interest law firm devoted to protecting the "constitutional rights" of women seeking abortions. Sarah was disappointed that this organization chose unfettered and unregulated access to abortion and the legal interests of those performing abortions over her legal and medical interests as a vulnerable teenage victim.!

Sarah was financially supported by the Women’s Injury Network, Inc. (WIN) in her case. WIN, a national charity founded by attorney Amy T. McInerny,helps abortion-injured women by providing case expenses in medical malpractice lawsuits. Susan Marie Gertz, attorney and Executive Director of WIN, commented, "Abortion malpractice lawsuits help expose the deceptive practices of the abortion industry and hold doctors legally and financially accountable to the women they’ve harmed. Thanks to the generosity of WIN supporters, this young woman was able to fight back against the industry, which deceived her. We are proud of this historic win for this teenage victim and for WIN!"

KAREN MALEC, PRESIDENT OF THE COALITON ON ABORTION/BREAST CANCER (an international women's organization founded to protect the health and save the lives of women by educating and providing information on abortion as a risk factor for breast cancer) declared: "This settlement will teach the medical establishment that it can no longer profit by keeping women in the dark about the breast cancer risk. This case also establishes that abortion providers can be sued for battery if the abortion provider performs ‘no parental consent abortions’ on minors from neighboring states (with parental consent statutes), even if the state where the abortion is performed does not have a parental consent statute.

“The ABC link has been called "the elephant in medicine's parlor." Medical experts privately say abortion causes breast cancer, but the volatility of the issue prevents them from publicly acknowledging it. According to a National Cancer Institute (NCI) commissioned study, teens who procure abortions before age 18, more than double their risk. Girls and women have a predominance of immature, cancer-vulnerable Types 1 & 2 breast lobules, which aren't matured into cancer-resistant Types 3 & 4 lobules until a term pregnancy takes place.........

“Scientists have proven themselves incapable of refuting the biological explanation for the ABC link. Thirteen out of 16 U.S. studies report risk elevations. The NCI provided at least partial funding for 10 studies. Minnesota and Texas state legislators passed informed consent legislation earlier this year. Massachusetts is considering similar legislation. Five medical organizations say abortion is one of the causes of breast cancer. [www.abortionbreastcancer.com]

Following a 40% increase in the incidence of breast cancer between 1987 and 1997, the increase in breast cancer incidence in Australia continues at 1% each year The “experts” claim to be mystified by the increase but make vague references to “lifestyle” and “reproductive health” factors. Endeavour Forum’s booklet on “Breast Cancer Risks and Prevention” is available for $3 (includes postage). Phone (03) 9822 5218 or email: babette@endeavourforum.org.au.