Morgentaler Clinic Employees to Appeal In Abortion Negligence Suit

HALIFAX, Nova Scotia — Dr. Jacques Desrosiers, an abortionist at Halifax's Morgentaler abortion facility, and Jean Palmer, another Morgentaler employee, sought May 7 to appeal an earlier court ruling against them that awarded more than $700,000 to a woman who was badly injured in a car accident after an abortion.

Nova Scotia Supreme Court Justice Douglas MacLellan ruled Dec. 23, 1997 that Wanda MacPhail, 37, was traumatized by the March 24, 1993 abortion, and that Desrosiers and Palmer should not have allowed her to her drive home, 25 miles away. He awarded MacPhail $724,547 — mostly for lost future income — along with prejudgment interest of $9,105, and $41,393 in legal costs.

The ruling found the employees breached their duty of care to the plaintiff. MacLellan reasoned that MacPhail was suffering from “immense emotional turmoil” following the procedure, which contributed to her crossing the center line of Highway 103 and colliding head-on with another vehicle.

She suffered numerous injuries, including a head laceration, crushed nose, fractured chest bone, collapsed lung, broken ribs, fractured leg, and a torn knee cap that had to be removed.

A passenger in the other vehicle also suffered serious injuries and filed a similar suit in which the abortion facility staff were found liable. No decision on damages in that case has been rendered as yet.

In light of the appeal, the court issued a partial stay on the payment order. Desrosiers and Palmer were to pay $5,000 per month beginning Jan. 1, pending the appeal outcome. (Pro-life Infonet)

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