The Nebraska Injury Law Report

Keating, O’Gara attorney Jefferson Downing obtained a confidential settlement for his client in the case of Roe v. Planned Parenthood and Meryl Severson, M.D.

From the Lincoln Journal Star:

Sides settle in abortion lawsuit
BY CLARENCE MABIN / Lincoln Journal Star
Tuesday, May 27, 2008 - 06:39:34 pm CDT

Planned Parenthood of Nebraska & Council Bluffs and a Nebraska woman have reached a confidential settlement in a medical malpractice lawsuit against the organization.

Attorneys for Planned Parenthood and the woman, identified in the lawsuit as Jane Roe, filed papers in Lancaster County District Court last week seeking dismissal of the claim with prejudice. Dismissing a case with prejudice means the plaintiff cannot raise the claim again.

James Snowden, attorney for Planned Parenthood, said the settlement was a compromise and involved no admission of liability or fault.

The woman’s attorney, Jefferson Downing of Lincoln, declined to elaborate.

“All I can say is, the case has been resolved,” he said. “I really can’t make any comment beyond that.”

In the lawsuit, the woman said she had an emergency hysterectomy because of an abortion at the Lincoln Planned Parenthood clinic on Aug. 16. According to the suit, she lost four liters of blood and experienced intense pain.

She sued Planned Parenthood and Dr. Meryl Severson in Lancaster County District Court last year. Earlier this year, attorneys in the case agreed to dismiss Severson as a defendant.

The woman was seeking $38,850 for past medical expenses and unspecified damages for physical pain and mental suffering, permanent injury and lost income.

Lincoln Right to Life spokeswoman Sandra Danek said the settlement will spare Planned Parenthood and Severson from public scrutiny of what she contends are unsafe medical practices at the clinic.

“I will say, Lincoln Right to Life would be concerned that Planned Parenthood of Lincoln and Mr. Severson are not being held to public scrutiny in this case,” Danek said Tuesday. “There are women going in there believing it’s safe.

“My question is, is it safe?”

Chris Funk, Planned Parenthood president and chief executive officer, said it is.

“For over 60 years, Planned Parenthood has provided high- quality contraceptive and reproductive health care to tens of thousands of men, women and teens in Nebraska and Council Bluffs,” Funk said.

“Contrary to what Lincoln Right to Life would like people to believe, the health and safety of our patients is always a top priority.”

Planned Parenthood suspended abortions several weeks ago, but is expected to resume offering the procedure in the coming weeks, Funk said.

Danek questioned the timing of the suspension, but Funk said it was unrelated to the malpractice claim.

“It had nothing to do with the lawsuit,” she said.