Ohio Supreme Court Hears Arguments in Toledo Abortion Facility Transfer Agreement Case With No Mention of Mishandled Emergency

Capital Care Network abortion facility in Toledo, Ohio.

By Cheryl Sullenger

Columbus, OH — The Ohio Supreme Court heard oral arguments today in the case of a Toledo abortion facility that is attempting to stave off license revocation for failing to maintain a written transfer agreement with a local hospital.

Stephen Carney, the attorney representing the State of Ohio argued that the case was not about abortion since the regulation applies to over 200 ambulatory surgical centers throughout the state. He maintained that abortion facilities were not singled out.

“We shouldn’t distort the normal rule of law just for abortion clinics,” he argued.

In Ohio, ambulatory surgical facilities are required to have a written transfer agreement with a local hospital. The Ohio Department of Health notified Capital Care Network of its intent to revoke its ASC license because it first had not transfer agreement whatsoever. Later, Capital Care contracted with a hospital in Ann Arbor, Michigan, 52 miles away from the Toledo facility and indicated they would call for a helicopter to transport women.

However, the state argued that Capital Care Network admitted it never had any intention of calling for a helicopter, because it would take nearly an hour to get a helicopter ready and even then, there was no place to land at the abortion facility.

Carney was questioned repeatedly over the requirement that hospitals be local and exactly what the definition of “local” might be. While he noted that the regulation did not specifically mention the word “local,” it could only be implied in the context of the requirements of speed in a medical emergency. He used the example of an Ohio ambulatory surgical center contracting with a California hospital as being impractical due to distance and lengthy travel time.

He argued that there were three benefits to ambulatory surgical centers having written hospital transfer agreements. First, it ensured continuity of care for the patient and guaranteed admission to the hospital. Without a transfer agreement, a patient might simply be stabilized by emergency room doctors then released.

Operation Rescue notes that is exactly what happened to a Michigan abortion patient, Cree Erwin, who sought help at a Battle Creek hospital in June 2016, after she suffered a perforated uterus during an abortion at Planned Parenthood in Kalamazoo, Michigan, two days earlier. She was released by emergency room doctors after pain drugs made her feel better, when she should have been admitted. She died hours later from her abortion-related injuries, illustrating how the emergency room practice of releasing after stabilization can be dangerous for women suffering unknown abortion complications.

Other benefits to having a hospital transfer agreement noted by Carney are open communication with the hospital staff, and the guarantee that medical records will be transferred to the hospital with the patient.

However, during the over 45 minutes of arguments, the fact that a patient was transferred to Toledo Hospital on April 1, 2017, was never discussed. That patient was driven to the hospital emergency room by a clinic employee in her private vehicle after the abortionist, believed to have been Lucy Ann Nunnally, suspected a uterine and bowel perforation during the 11.5 weeks suction abortion. No medical records were sent with that patient.

The Ohio Department of Health has notified Capital Care Network of its intent to fine the abortion facility $40,000 for mishandling the transfer in violation of the facility’s own written emergency protocols, which require them to call 911 for an ambulance to transfer patients. The fine was a result of a complaint filed by a local pro-life activist at the recommendation of Operation Rescue.

Jennifer Branch, the attorney arguing for Capital Care Network maintained that the abortion facility’s license was unlawfully revoked even though the abortion facility never has had to transfer a patient, again, failing to inform the court of the April 1 transfer.

Branch argued that there was no benefit to having a hospital transfer agreement, and that such agreements posed an undue burden on women because abortion facilities had a difficult time contracting with hospitals. No Toledo area hospital would agree to enter into a transfer agreement with Capital Care Network.

However, Carney noted one ironic argument made by the abortion facility. While the abortion business argues that Ann Arbor, Michigan, is not too far to travel for a woman suffering a medical emergency, it is too far to travel for a woman seeking to make an abortion appointment for the following week.

“Dumping a patient with life-threatening injuries on an unprepared hospital emergency room staff without so much as a medical record to help them treat the patient is irresponsible and undeniably dangerous, but that is exactly what Capital Care Network has done,” said Operation Rescue President Troy Newman. “The Court should rule that the state acted properly to enforce Ohio law, and to protect women. The Court would serve the best interests of the public and the rule of law by upholding the Department of Health’s license revocation order.”

The Ohio Supreme Court took the case under advisement.

Toledo Abortion Biz Fined $40,000 For Mishandling Medical Emergency Amid OH Supreme Court Challenge of Hospital Transfer Agreement

Capital Care Network abortion facility in Toledo, Ohio, where a woman
was seriously injured during an abortion on April 1, 2017.

By Cheryl Sullenger

Toledo, OH – The Ohio Department of Health (ODH) is seeking to impose a fine of $40,000 against Capital Care Network, an abortion facility in Toledo, Ohio, after a complaint inspection found five “serious licensure violations” related to a mishandled abortion-related medical emergency on April 1, 2017, according to documents obtained by Operation Rescue.

This fine is particularly significant since the Capital Care Network is expected to argue before the Ohio Supreme Court tomorrow that hospital transfer agreements are unnecessary and place an “undue burden” on women seeking abortions.

“These documents, along with photographs and eye-witness accounts, actually demonstrate an urgent need for enforcement of the hospital transfer agreement provision. It is critical to the safety of women that the state immediately shut down Capital Care Network for their deceptive and dangerous practices that endangered the life of their patient then tried to cover it up,” said Operation Rescue President Troy Newman.

One day after Operation Rescue published a report and video detailing how the abortion emergency was mishandled, it received documents from the ODH in response to a four-month old public records request that supported Operation Rescue’s account of that incident and shed further light on the nature of the patient emergency and the callous attitude of the abortion business staff toward their critically injured patient.

According to a letter from ODH Director Lance Himes and an attached inspection report, on April 11, 2017, ODH representatives inspected the Capital Care in response to a complaint submitted on Operation Rescue’s recommendation by a pro-life activist who witnessed the April 1 incident.

Those inspectors reviewed the chart for “Patient 1” and interviewed staff members, including “Staff A,” a “patient advocate” who drove Patient A and her “significant other” to the Toledo Hospital emergency room in her private vehicle and dropped them off before returning to work.

The inspection report indicated that Patient 1 was 11.5 weeks pregnant when she reported to the Capital Care Network for a suction abortion using a plastic vacuum tip. An ultrasound revealed possible retained tissue, but after an inspection of the aborted baby remains, staff reported that they found “placenta with complete fetal parts.” The unnamed abortionist noted in Patient 1’s chart, “possible perforation of bowel in cavity,” then ordered that she be “transferred to the hospital for an ultrasound.”

In order for a bowel to be perforated by a plastic vacuum tip during an abortion, it would require the uterus to be perforated first. The combined uterine and bowel perforations are life-threatening injuries.

Capital Care Network failed to send the patient’s medical records to the hospital with her, according to the inspection report. That left emergency room personnel in the dark about the patient’s treatment and condition, thus disrupting the continuity of care requirement that applies to all medical professionals.

This likely delayed emergency care to the seriously injured patient.

Capital Care Network employee Schuyler Beckwith, displaying a radical leftist “anarchist feminism” sign.

Beckwith was asked by inspectors why emergency policies that required staff to call an ambulance for hospital transport were not followed.

Beckwith coldly responded, “I guess the Doctor didn’t feel it was that much of an emergency.”

An eye-witness told Operation Rescue that an African-American woman was brought out the back entrance of the abortion facility and loaded into Beckwith’s Ford Focus during the April 1 incident. The woman was doubled over in pain and walked only with assistance. Another eyewitness saw Beckwith drop off the woman and her companion at the Toledo Hospital emergency room entrance before driving back to the abortion facility.

The inspection report noted five serious violations identified by the Department of Health:

• Failure to ensure the Medical Emergencies policy was implemented as written;
• Failure of staff to document and review the event;
• Failed to document and review all adverse events as part of its Quality Assurance program;
• Failed to ensure that the patient transported to the hospital was accompanied by her medical record;
• Failure to provide the patient with discharge instructions upon leaving the facility.

“It is obvious that Capital Care wanted to conceal the fact that they utterly botched an abortion then downplayed the seriousness of a perforated bowel in order to hide the facts from the Ohio Department of Health. They had a motive to lie in court documents about their supposed lack of complications and their emergency policies, since the ODH is trying to shut them down over their lack of hospital transfer agreement,” said Newman. “These are people who cannot be trusted one iota to tell the truth, but can be counted on to endanger their patients’ lives in order to cover up their dangerously shoddy practices.”

Capital Care Network attorneys requested a hearing on the $40,000 fine in a faxed letter to the ODH dated September 7, 2017.

They are also set to appear before the Ohio Supreme Court on September 12, at 9 a.m. for oral arguments in the state’s attempt to enforce licensing requirements, including the hospital transfer agreement provision, that Capital Care Network cannot meet. If successful, Capital Care Network would be forced to close.

“If there was ever a case in favor of the hospital transfer agreement for abortion facilities, this is one,” said Newman. “It proves that everything we have been saying about the shoddy treatment inflicted on women experiencing abortion complications is true, and that abortionists will stop at nothing – even placing the lives of their patients at risk – to hide botched abortions so they can claim abortion safety laws are unnecessary. That claim couldn’t be farther from the truth.”

Read the Letter of Intent to Fine and the inspection report.

Read Operation Rescue’s original report on the April 1 mishandled medical emergency.

Lies Exposed: Toledo Abortion Business Misrepresents True Emergency Practices in Court Documents

By Cheryl Sullenger

Toledo, OH – Ohio pro-life activists who were conducting their usual outreach on the sidewalks outside the Capital Care Network of Toledo last spring could hardly believe what they were seeing.

A commotion alerted them that something was very wrong. It was Saturday, April 1, 2017, but by the frenzied activity, they knew this was no April Fool’s joke.

With cameras at the ready, a local pro-life activist snapped photos as an abortion patient was taken out the back door of the of the abortion business. Witnesses on the scene told Operation Rescue that she was doubled over in pain and walked only with assistance. The suffering woman was loaded into the back seat of a dark maroon Ford Focus, Ohio license plate #GLH8725, which local activists said belonged to CCN employee Schuyler Beckwith.

Another alert pro-life activist followed the private vehicle to Toledo Hospital’s emergency entrance, where Beckwith dropped off the woman, then returned to the abortion business.

One local pro-life supporter has filed a complaint about this dangerous practice with the Ohio Department of Health, but there is no word yet on any outcome of that complaint.

Certainly, most abortion facilities do not want anyone to know when one of their “procedures” goes awry. They attempt to conceal the fact in a number of ways to keep anyone from knowing the truth about the abysmal abortion safety record, which Operation Rescue has attempted to document over the years.

Keeping medical emergencies secret allows the abortion businesses to continue spouting their patently untrue propaganda talking points about abortion safety and the burden that “unnecessary” abortion safety laws put on women.

But the Capital Care Network has an added motive for trying to hide abortion complications so serious they require emergency hospital intervention. They have no valid hospital transfer agreement within a 30-minute driving distance, and are therefore in non-compliance with abortion facility licensing requirements.

Unable to obtain a transfer agreement with a local hospital, Capital Care submitted an agreement with University of Michigan Health System in Ann Arbor, Michigan, which is 52 miles and nearly an hour’s drive away. In order to comply with the regulation that the hospital no farther than 30 minutes away, Capital Care’s owner Terrie Hubbard ridiculously promised to helicopter patients that suffered from abortion complications to the hospital in Ann Arbor.

Now we find out that instead, CCN is sneaking women out the back door, dangerously transporting them to Toledo Hospital in private vehicles, and kicking them to the curb at the emergency room entrance!

In 2014, after a full year of notice, the Toledo abortion business was ordered by the Ohio Department of Health to close, because it could not meet the licensing requirements for surgical abortion facilities.

Since then, the Capital Care Network has engaged in a series of legal — and apparently deceptive — tactics to keep its doors open.

A lawsuit filed by Capital Care that claims the hospital transfer agreement requirement is unconstitutional will be heard before the Ohio Supreme Court on September 12, 2017.

In their Merit Brief, filed with the state’s High Court on June 29, 2017, Capital Care makes the following claim:

Capital Care’s policy is to call 911 in the event of a life-threatening emergency where a patient needs immediate treatment. . . The responding EMTs will transport the patient to the hospital nearest to Capital Care, most likely Toledo Hospital. Patients experiencing less serious medical complications who do not need immediate treatment will be transferred to UMHS at by helicopter or vehicle.

There is no mention of cramming an injured woman into the back of a Ford Focus and secretly dropping her at the emergency room.

The statement about CCN’s emergency policies in their Merit Brief is simply untrue.

It is also the position of CCN that if their abortion facility cannot meet licensing requirements, the requirements themselves must be unconstitutional because closure would violate the undue burden clause.

Think about that.

No matter how dangerous an abortion facility’s conditions and practices are, it can never be closed for safety reasons, because any closure would create an undue burden on women.

This puts the interests of dangerous and deceptive abortion businesses like the Capital Care Network first. The lives and health of women are a secondary consideration, if they are even considered at all.

Capital Care is claiming to have the right to endanger their customers simply because closing it would force customers to travel a bit farther for abortions.

The Ohio Supreme Court has an opportunity to put an end to that ludicrous argument and place the safety of women ahead of an abortion business’ contrived excuses for holding themselves above the law.

“For the sake of women and their babies that might visit Capital Care Network of Toledo, it is far better to shut this abortion facility down rather than to allow it to risk women’s lives. The fact that we now have proof that they are lying about their emergency protocols should show the Court just how untrustworthy this abortion business really is,” said Operation Rescue President Troy Newman. “We will be watching this one very closely.”

Woman DEAD from Abortion at Late-Term Facility Currently Under Criminal Investigation

PRESS RELEASE
(By Cheryl Sullenger)

Albuquerque, NM – A woman has died as the result of a late-term abortion process initiated at Southwestern Women’s Options (SWO), in Albuquerque, New Mexico, which is the largest abortion facility in the U.S. that openly specializes in abortions throughout all nine months of pregnancy.

Abortion Free New Mexico obtained the autopsy report for Keisha Marie Atkins, 23, who died on February 4, 2017, after being transported from SWO to UNM Hospital. Tara Shaver of Abortion Free New Mexico has also been in communication with members of Atkins’ family.

Operation Rescue is assisting Abortion Free New Mexico with an investigation of this tragedy.

This abortion-related death is particularly troubling in light of a criminal investigation that is currently underway by the New Mexico Attorney General’s Office into Southwestern Women’s Options and UNM. UNM has aggressively worked to increase second and third trimester abortions at SWO, which, in turn, is UNM’s largest provider of aborted baby tissue and organs. A U.S. House investigation found this arrangement violates state and federal law, despite stonewalling and obfuscation on the part of UNM and SWO.

Atkins reported to SWO on January 31, 2017, for a four day late-term abortion procedure that was to be done by eighty-year old abortion facility owner Curtis Boyd. It is believed that Atkins was six months pregnant or more.

Four days later, on February 3, 2017, Atkins returned to SWO for the completion of the abortion where she displayed labored breathing and signs of sepsis, a systemic, life-threatening infection.

At 12:04 p.m. on February 3, an ambulance was called to transport Atkins to the hospital, but was later cancelled, raising questions of how and when Atkins actually received emergency medical help.

Once at the UNM Medical Center, Atkins’ condition deteriorated rapidly, prompting UNM staff to perform an emergency D&E abortion procedure to remove her baby through dismemberment.

During the procedure, Atkins suffered cardiac arrest. Efforts to revive her were unsuccessful, and she was pronounced dead at 12:10 a.m. on February 4, 2017.

An autopsy was conducted at the UNM Health Sciences Center by the UNM Office of the Medical Investigator, which also serves as the Bernadillo County Coroner. The OMI determined that Atkins cause of death was “pulmonary thromboembolism due to pregnancy,” in other words, blood clots in the lungs.

However, a careful review of the autopsy findings indicates that this cause of death is a whitewash meant to blame Atkins’ pregnancy for her death instead of what appears to be a mismanaged late-term abortion procedure.

“UNM is a biased promoter of abortion that is attempting to shift blame onto Atkins’ pregnancy, instead of the abortion, where the blame rightfully belongs,” said Troy Newman, President of Operation Rescue. “Keisha Atkins and her family deserve the truth, not a cover-up. But with UNM and SWO, covering up their misdeeds has become standard operating procedure.”

There is evidence that Atkins suffered from sepsis, a bacterial infection caused by the four-day abortion process, which brought about symptoms consistent with Disseminated Intravascular Coagulation (DIC). Atkins suffered hemorrhaging in her brain, a buildup of fluid around her lungs, and other symptoms of DIC that the autopsy ignored.

Pro-life leaders believe there is a way to keep other women from suffering Atkins’ fate.

“We call on the New Mexico Attorney General to step up their criminal investigation, and we call on the State Medical Board to take a hard, honest look at Keisha Atkins’ death,” Newman said. “Curtis Boyd should be stopped from practicing, and the dangerous Southwestern Women’s Options should be shut down for good.”

“Coverups are as heinous as the crimes, and the crimes of the abortion cartel in New Mexico have been covered up for too many years. It is time for Hector Balderas to do his job or resign. It is time for the UNM Regents to do their jobs or resign. It is time for the New Mexico Medical Board to fully investigate Keisha’s death without bias,” said Fr. Stephen Imbarrato, The Protest Priest.

“We join the family of Keisha Atkins as they grieve her death from serious complications during a late term abortion at Southwestern Women’s Options. She was a 23-year old vibrant woman with her whole life ahead of her that was tragically cut short,” stated Tara Shaver of Abortion Free New Mexico. “For years we have worked to expose the barbaric nature of late term abortion in New Mexico and sought to bring accountability to the unregulated and unaccountable Abortion Cartel. Now more than ever, we need leadership in our city and state to take a bold stand and the necessary steps to prevent the needless deaths of women and their children through late term abortion.”

View the autopsy report.

Unsafest Planned Parenthood Abortion Facility in US Calls Ambulance for 67th Patient

August 4, 2017: The Planned Parenthood abortion facility in St. Louis, MO,
transported another woman to the hospital.

By Cheryl Sullenger

St. Louis, MO — The Coalition for Life St. Louis has reported that ambulance transported a yet another woman from Reproductive Health Services Planned Parenthood in St. Louis, the last abortion facility in Missouri. The frequent string of medical emergencies there have earned the RHS Planned Parenthood the dubious distinction as the Most Dangerous Abortion Facility in America.

According to Brian Westbrook, the Coalition for Life’s Executive Director, members of his group observed an ambulance running with lights and sirens that arrived at Reproductive Health Services Planned Parenthood in St. Louis at approximately 10:45 a.m. on August 4, 2017.

About ten minutes later, emergency responders exited the abortion facility with a woman on a gurney, who was covered in a white sheet. Other employees attempted to block the gurney from view of pro-life activists with the same tan tarp they have used during many previous patient emergencies. The ambulance later rushed away from the Planned Parenthood property with lights flashing and sirens blaring.

Operation Rescue, which tracks medical emergencies at abortion facilities nationwide, has documented 67 patient-related medical emergencies at the St. Louis Planned Parenthood facility since 2009. The most common complication suffered by women there is hemorrhaging— a life-threatening condition that Planned Parenthood is not equipped to treat.

Over that same time period, Operation Rescue has obtained several inspection reports that have revealed a litany of shocking violations that conjure images of an abortion “House of Horrors.”

Deficient infection control measures, dirty facility conditions, expired medications and supplies, failure to properly sterilize surgical utensils, and poorly maintained equipment are just a few of the violations cited — often repeatedly — at the RHS Planned Parenthood.

Most recently, a health and safety inspection report dated May 25, 2017, revealed that Planned Parenthood’s Medical Director and abortionist, David L. Eisenberg, “questioned if hand hygiene between glove changes was a new standard” and inquired of a state inspector whose standard it was.

The 17-page report was filled with grim details of other unsanitary practices and conditions that exposed patients to infection and disease.

In fact, the St. Louis Planned Parenthood is so dangerous that Missouri Gov. Eric R. Greitens called a Special Legislative Session this summer specifically to address safety protections for women. The result was a sweeping new law, SB5, that will ensure annual inspections of abortion facilities, and numerous other provisions designed to provide greater safeguards for women, more accountability for abortion businesses, and a better mechanism for enforcement of abortion laws.

“When I look at the number of women who have been injured and the lack of basic sanitation they subject women to every day, I have to wonder how this Planned Parenthood can justify inflicting this kind of third-world quackery on women,” said Troy Newman, President of Operation Rescue. “With the bold new safety law in Missouri, we look forward to strong enforcement for the sake of the public’s welfare.”

Related:

  • Planned Parenthood Abortionist on Hand Washing: Is That a New Standard?
  • Health Inspections Reports: St. Louis Planned Parenthood ISN’T Safe – or Clean
  • St. Louis Fire Department Settles Suit, Reveals Details of 58 Medical Emergencies at Planned Parenthood