An Ohio court judge ruled . . . that a Planned Parenthood clinic failed to follow informed consent laws in the case of a teenage girl who was being sexually assaulted by her 22-year-old coach.
-- From "Judge rules against abortion provider" by Kimball Perry, The Enquirer Cincinnati.com 12/8/10
The St. Bernard girl who sued Planned Parenthood after it gave her an abortion - when she was 14 - without her parents' knowledge won a major victory even before the case goes to trial Feb. 7.
Hamilton County Common Pleas Court Judge Jody Luebbers ruled Tuesday that the doctor for Planned Parenthood of Southwest Ohio breached a legal duty by not having a meeting with the teen 24 hours in advance of the abortion to explain her options, something called an "informed consent" meeting.
By law, any health-care professional who suspects child abuse - a 13-year-old engaging in sex with an adult, for example - must report it.
[Brian Hurley, the attorney representing the teen,] contends Planned Parenthood also is liable because it violated Ohio law by not contacting the girls' parents before the abortion.
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From "Planned Parenthood Found Negligent in Case of Sexually Assaulted Teen" by Stephanie Samuel, Christian Post Reporter 12/9/10
The event that prompted the lawsuit began in 2003 when John Haller, a soccer coach, began having sex with “Jane Roe,” then 13. In 2004, she became pregnant. Haller encouraged the pregnant teen – who reportedly also had a sexually transmitted infection – to seek an abortion. The teen received the abortion, performed by a medical doctor.
The clinic did not obtain written consent from the teen’s parents. Instead, clinic officials called a cell phone number the teen said was her parents’ number. Haller was on the other end pretending to be the girl’s father.
Haller was eventually convicted of sexual battery in 2004 and spent three years in prison. The parents of the youth sued Planned Parenthood in 2005.
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