Major class action suit filed against Planned Parenthood

by Jim Day of the St. Louis MetroVoice
April 2, 2002

ST. LOUIS, MO (ANS) -- A major class action lawsuit has been filed in the U.S. District Court in St. Louis, against the Planned Parenthood Federation of America and Planned Parenthood of St. Louis. The suit alleges medical malpractice, wrongful death, civil rights violations, mass fraud and genocide by specifically targeting minority women for abortions.

The lawsuit centers around two major allegations of systematic "mass fraud" and "genocide." The suit contends that Planned Parenthood has systematically committed fraud by failing to inform women or outright lying to them about the risks, both physical and emotional, associated with having an abortion. Further, the suit also claims that Planned Parenthood has, since the organization's inception, been engaged in genocide through the systematic targeting of low income and minority women for abortions.

The suit reads, "Defendant has a long history, even dating back to its origin and founding, of intentionally targeting and encouraging lower income persons and those of minority races and ethnic groups, to have abortions, sterilization, and to use contraception, in order to lower the populations of said groups. Due to said efforts and intents of Defendant to lower the populations of lower income and minority groups, the populations of the African American, Hispanic, and American Indian peoples have declined sharply over the past three decades. Such acts on the part of Defendant reflect an intent on its part to commit genocide against Plaintiff and other African Americans, persons of lower socioeconomic status, and other minority groups, and to deprive them of their fundamental right to bear children, in violation of 42 USC §1981."

A History of Racism

It is well documented, historical fact, that Margaret Sanger, the founder of Planned Parenthood, was an avid promoter and enforcer of the notions of white supremacy and subscribed to Adolph Hitler's philosophy of eugenics -- the science of "improving racial health" by socially engineering human reproduction. Both Hitler and Sanger advocated birth control, sterilization, and segregation of "undesirables" in concentration camps for the "unfit." In Sanger's book, The Pivot of Civilization, she point blank called for the elimination of "human weeds" and sterilization of "genetically inferior races."

Evidence for Planned Parenthood's systematic targeting of low income and minority women for abortions can also be found by simply examining the services and statistical information regarding their clientele.

Planned Parenthood may offer some health-related services, such as STD and HIV testing or annual gynecological exams, but when it comes to pregnancy related health care, there are only two choices, which they offer; prevention of conception (birth control) and prevention of birth (abortion). Planned Parenthood is not in the business of helping women prepare for parenthood. In fact, Sanger and her colleagues specifically opposed giving maternal care to poor women and those who she considered genetically inferior.

Examining the statistics regarding Planned Parenthood's clientele further supports the lawsuit's allegation of genocide. According to Planned Parenthood's own statistics, 42.7% of the abortions they perform are on minorities which is three times more than on whites, as a percentage of their respective populations. In George Grant's book Grand Illusions (4th edition, March 2000) Grant quotes from a Department of Health and Human Services report, (the most recent statistics available) that states that African American women made up 43% and Hispanic women made up 10% of the abortions performed in America. Not counting (only because figures were not made available) Native American, Pacific Islander and other minority groups who had abortions during the reporting period, that means that at least 53% of the abortions performed were done on minority women with the largest percentage being done on African Americans. Grant adds more fuel to the fire by observing that abortions outstrip births in most African American communities by 3 to 1. Another indicator is the fact that the overwhelming majority of Planned Parenthood's clinics are located in or near minority neighborhoods.

The Plaintiff


The primary plaintiff in this case, is Nicole Smith, an African American resident of Alorton, Illinois, who was 27 years old with three children at the time the events, which gave rise to this complaint, took place.

On October 1, 1999, Smith went to the Planned Parenthood clinic in St. Louis, unsure whether or not she wanted to have an abortion. According to Smith, the counselor proceeded to encourage and even pressure her into having an abortion despite the fact that she was in the second trimester of her pregnancy. Several times during the conversation, Smith mentioned her reluctance to have an abortion and mentioned that she could not afford the $600 fee. The counselor persisted and even offered to lower the price of the abortion from $600 to $400 stating that Planned Parenthood would obtain "different funds" to make up the difference to enable her to have the abortion.

When Smith asked about the health risks related to the procedure the counselor said she did not know of any such risks and never mentioned any potential emotional harm from having an abortion. Smith was also shown a video about the procedure the clinic planned to perform that made no mention of any of the potential medical complications or emotional side effects from the procedure. Smith then underwent an ultrasound but was not shown the results.

The abortion required a physician with Planned Parenthood to place Laminaria, a chemical suppository that causes dilation, into Smith's cervix so that the abortion procedure could be done the following morning. When this procedure was done, Smith was then told to go home and return the next morning to complete the abortion.

Approximately 4 to 5 hours after the Laminaria were placed inside her; Smith had a change of heart and decided not to go through with the abortion. She then called the clinic to ask that the Laminaria be removed. According to Smith, the staff member at the clinic refused her request and told her to wait until the morning.

Knowing that she would be completely dilated by morning and fearing that she would lose her child, Smith went to the emergency room at Belleville Memorial Hospital in Belleville, Illinois and had the Laminaria removed that night. During the initial exam it was noticed that leakage of fluid from her vagina was occurring so Smith was admitted to the hospital and given intravenous medication.

A sonogram was administered to Smith on October 5 revealing that the child had died in utero. Smith was devastated emotionally from the loss of her child and felt extremely guilty for even beginning the abortion procedure in the first place.

Shortly after her discharge from the hospital on October 11, and subsequent to the death of her child, Smith called the Planned Parenthood clinic to notify them of her illness, her hospital stay, and the death of her child. According to Smith the nurse who received the call was extremely rude to her when she heard that she had had the Laminaria removed. The nurse then told Smith that she had "set herself up for all kinds of infection," and that she could not have sexual intercourse or take a bath as a result of her having the Laminaria removed. The nurse went on to chastise Smith telling her that she should have told her counselor that she wanted to keep the baby and stated that she would not tell her anything more about her health and was not going to give her her money back.

The Legal Team

The attorney representing Smith who filed the initial suit is Jason R. Craddock of Springfield, Illinois, who is part African American and American Indian. Johnny B. Davis, an attorney who specializes in class action and civil rights litigation, located in Dothan, Alabama, is also an attorney in the suit. At this point in time, Craddock and Davis are also being assisted by Thomas Smith of Franklin, Tennessee and Ted Amshoff of Louisville, Kentucky, both of whom specialize in medical malpractice suits. Other attorneys from other states are expected to join in the suit.

In a telephone interview with Davis, he emphasized that he and the team of attorneys working on this case are going to be expanding it across the country. "This is a class action suit, therefore we are looking for women who have suffered physical or emotional harm from abortions performed on them by Planned Parenthood to be added to the list of plaintiffs. We especially wish to find additional plaintiffs from the state of Missouri," he stated. Davis went on to explain that it does not matter where the woman may now live, it matters where they had their abortion. For instance, a woman now living in Illinois, Texas or any other state, who had an abortion in Missouri, could be considered part of the Missouri class action suit.

Davis also stated that not only are women who have had an abortion being encouraged to join in the suit, but the families of women who have died as a result of an abortion and those women who have been left incapacitated as a result of an abortion, are being encouraged to join in as well. Jason Craddock had this to say about his involvement in the case: "In a way, as an attorney in this case, I feel like David against the much bigger Goliath, or Gideon's army against the much more numerous Philistines. However, as those men knew, no one can trash the living God and not be called to account for it. No one can destroy what our Lord Jesus Christ holds dear -- the lives of precious children, the integrity of all races, and the sanctity of the biblical family -- without facing His judgment. May this case be such an instrument of His judgment."