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Calhoun, Samuel (Oct 2011), a professor at Washington and Lee
University School of Law. 40 page analysis from a legal
perspective. Villanova Law Review 57.
In 2011, Gosnell, alongside various co-defendant employees, was
charged with eight counts of murder resulting in part from gross
medical malpractice in treatment of patients at his clinics, as
well as several lesser offenses. The murder charges related to a
patient who died while under his care and seven newborns said to
have been killed after being born alive during attempted
abortions.
In May 2013, he was convicted on three of the murder charges
and chose to waive his right of appeal in exchange for an
agreement not to seek the death penalty. He was sentenced instead
to life in prison without the possibility of parole.
Background and early career
Kermit Gosnell was born on February 9, 1941, in Philadelphia,
the only child of a gas station operator and a government clerk in
an African-American family.
He was a top student at the city's Central High School from
which he graduated in 1959. Gosnell graduated from Dickinson
College in Carlisle, PA with a Bachelor's degree. Gosnell received
his Medical Degree at the Jefferson Medical School in 1966.
It has been reported that he spent four decades practicing
medicine among the poor, including opening the Mantua Halfway
House, a rehab clinic for drug addicts in the impoverished Mantua
neighborhood of West Philadelphia near where he grew up, and a
teen aid program. He became an early proponent of abortion rights
in the 1960s and 1970s and, in 1972, he returned from a stint in
New York City to open up an abortion clinic on Lancaster Avenue in
Mantua.
Gosnell told a Philadelphia Inquirer reporter in October 1972:
"as a physician, I am very concerned about the sanctity of life.
But it is for this precise reason that I provide abortions for
women who want and need them".
In the same year, he also performed fifteen televised
second-trimester abortions, using an experimental "Super Coil"
method invented by Harvey Karman. The coils were inserted into the
uterus, where they caused irritation leading to the expulsion of
the fetus. However, complications from the procedure were reported
by nine of the women, with three of these reporting severe
complications. The super coil experiment by Gosnell has been
dubbed the "mother's day massacre" by some.
The 1972 Inquirer article also said that Gosnell was a
"respected man" in his community, a finalist for the Junior
Chamber of Commerce's "Young Philadelphian of the Year" because of
his work directing the Mantua Halfway House. By the late 1980s,
however, public records showed state tax liens were piling up
against the halfway house, and the abortion clinic had a $41,000
federal tax lien.
Gosnell has been married three times. His third and current
wife, Pearl, had worked at the Women's Medical Society as a
full-time medical assistant from 1982 until their marriage in
1990. They have two children; the younger, being a minor, is being
cared for by friends Gosnell has four other children from his two
previous marriages.
In covering his background, media commentators drew attention
to the "incredibly diverse" portrayals of Gosnell, touching on
both his community works – the creation of a drugs halfway house
and teen aid program – contrasted with portrayals of his practice
as an alleged abortion mill in which viable fetuses and babies
were routinely killed following illegal late-term procedures.
Medical practice
In 2011, he was reported to be well known in Philadelphia for
providing abortions to poor minority and immigrant women. It was
also claimed that Gosnell charged $1,600–$3,000 for each late-term
abortion. Dr. Gosnell was also associated with clinics in Delaware
and Louisiana. Atlantic Women’s Services in Wilmington, Delaware,
was Dr. Gosnell's place of work one day a week. The owner of
Atlantic Women's Services, Leroy Brinkley, also owned Delta Clinic
of Baton Rouge, Louisiana, and facilitated the hiring of staff
from there for Gosnell's operation in Philadelphia.
Legal case
Known prior complaints
1989 and 1993 – cited by Pennsylvania Department of Health
for having no nurses in the recovery room.
1996 – censured and fined in both Pennsylvania and New York
states, for employing unlicensed personnel.
Around 1996 – Pediatrician Dr Schwartz – the former head of
adolescent services at the Children's Hospital of Philadelphia
and as of 2010[update], Philadelphia’s health commissioner –
testified in the 2010 hearing that around 1996 or 1997, he had
hand-delivered a letter of complaint about Gosnell's practice to
the Secretary of Health’s office and stopped referring patients
to the clinic, but received no response.
2000 – Civil lawsuit filed on behalf of the children of
Semika Shaw, who had called the clinic the day after an abortion
to report heavy bleeding, and died 3 days later of a perforated
uterus and a bloodstream infection. The case alleged that
Gosnell had failed to tell her to return to the clinic or seek
emergency medical care. It was settled out of court in 2002 for
$900,000.
Around 2001 – Gosnell claimed to be providing children’s
vaccines under a program administered by the Health Department’s
Division of Disease Control, but was repeatedly suspended for
failing to maintain logs and for storing vaccines in unsanitary
and inappropriate refrigerators, and at improper temperatures.
December 2001 – ex-employee Marcella Choung gave what the
Grand Jury would later call "a detailed written complaint" to
the Pennsylvania Department of State, one which she followed up
with an interview in March 2002.
2006 – Civil lawsuit filed by patient but dismissed as out
of time. The complaint was that Gosnell had been unable to
complete an abortion, but then apparently failed or refused to
call paramedics or other clinical emergency personnel, after the
patient had needed help. The patient reported, "I really felt
like he was going to let me die."
In total during the course of his career, 46 known lawsuits had
been filed against Gosnell over some 32 years. Observers claimed
that there was a complete failure by Pennsylvania regulators who
had overlooked other repeated concerns brought to their attention,
including lack of trained staff, "barbaric" conditions, and a high
level of illegal late-term abortions.
2010 raid
The Women’s Medical Society was raided on 18 February 2010
under a search warrant by investigators from the FBI and state
police. The raid was the result of a months-long investigation by
the Drug Enforcement Administration (DEA), the Philadelphia Police
Department, and the State's Dangerous Drug-Offender Unit into
suspected illegal drug prescription use at the practice. The
investigation had also revealed the suspicious death of patient
Karnamaya Mongar in 2009, which had in turn brought to light
further information about unsanitary operations, use of untrained
staff, and use of powerful drugs without proper medical
supervision and control. Thus, when the February 2010 raid took
place, staff from the Pennsylvania Department of State and
Pennsylvania Department of Health also attended, as these issues
were under their remit:
When the team members entered the clinic, they were appalled,
describing it to the Grand Jury as 'filthy,' 'deplorable,'
'disgusting,' 'very unsanitary, very outdated, horrendous,' and
'by far, the worst' that these experienced investigators had ever
encountered. There was blood on the floor. A stench of urine
filled the air. A flea-infested cat was wandering through the
facility, and there were cat feces on the stairs. Semi-conscious
women scheduled for abortions were moaning in the waiting room or
the recovery room, where they sat on dirty recliners covered with
blood-stained blankets. All the women had been sedated by
unlicensed staff – long before Gosnell arrived at the clinic – and
staff members could not accurately state what medications or
dosages they had administered to the waiting patients. Many of the
medications in inventory were past their expiration dates…
surgical procedure rooms were filthy and unsanitary… resembling 'a
bad gas station restroom.' Instruments were not sterile. Equipment
was rusty and outdated. Oxygen equipment was covered with dust,
and had not been inspected. The same corroded suction tubing used
for abortions was the only tubing available for oral airways if
assistance for breathing was needed…"
[F]etal remains [were] haphazardly stored throughout the
clinic– in bags, milk jugs, orange juice cartons, and even in
cat-food containers... Gosnell admitted to Detective Wood that at
least 10 to 20 percent... were probably older than 24 weeks [the
legal limit]... In some instances, surgical incisions had been
made at the base of the fetal skulls. The investigators found a
row of jars containing just the severed feet of fetuses. In the
basement, they discovered medical waste piled high. The intact
19-week fetus delivered by Mrs. Mongar three months earlier was in
a freezer. In all, the remains of 45 fetuses were recovered ... at
least two of them, and probably three, had been viable."
Gosnell's license to practice was suspended on 22 February
2010, and these and other findings were presented to a Grand Jury
on 4 May 2010. Public discussion focused on claims of unsanitary
conditions and other unacceptable conditions at the practices.
Media reports stated that furniture and blankets were stained with
blood, freely roaming cats deposited their feces wherever they
pleased, and that non-sterilized equipment was used and reused on
patients.
According to the grand jury report, patients were given
labor-inducing drugs by staff who had no medical training. Once
labor began, the patient would be placed on a toilet. After the
fetus fell into the toilet, it would be fished out, so as not to
clog the plumbing. In the recovery room, patients were seated on
dirty recliners covered in blood-stained blankets. Prosecutors
alleged that Gosnell had not been certified in either gynecology
or obstetrics. The Grand Jury estimated that Gosnell's practice
"took in $10,000 to $15,000 a night" additional to income from his
exceedingly high level of prescriptions.
2011 arrest
Gosnell was arrested on January 19, 2011, five days after the
certification of the Grand Jury's report. He was charged with
eight counts of murder. Prosecutors alleged that he killed seven
babies born alive by severing their spinal cords with scissors,
and that he was also responsible for the death in 2009 of
Karnamaya Mongar, a 41-year-old refugee from Bhutan, who died in
his care. Gosnell's wife, Pearl, and eight other suspects were
also arrested in connection with the case.
The Drug Enforcement Administration, The Federal Bureau of
Investigation, and the Office of the Inspector General also sought
a 23-count indictment charging Gosnell and seven members of his
former staff with drug conspiracy, relating to the practice's
illegally prescribing highly-addictive painkillers and sedatives
outside the usual course of professional practice and not for a
legitimate medical purpose.
The third degree murder charge relates to Karnamaya Mongar;
according to prosecutors, Gosnell's staff gave the 90-pound
woman a lethal dose of anesthesia and painkillers. Gosnell's
lawyer asserts that Karnamaya Mongar also had in her system
other drugs that did not come from Gosnell's clinic, and that
none of the infants were born alive. The claim was rejected by
the Grand Jury, based upon expert testimony that "it was the
overdose of Demerol, not some mystery pill, that killed Mrs.
Mongar."
The seven other murder charges are all of first degree
murder; they relate to babies, whom staff have testified they
saw move or cry after complete birth, and whose deaths are
alleged to have resulted from subsequent lethal action. They
arise because of the "born alive rule", a principle of common
law which stipulates that by default, for legal purposes,
personhood arises – and therefore unlawful killing constituting
murder becomes possible – immediately upon the victim's being
born alive (several US states as well as Federal legislation
have more specific laws to protect fetuses and newborn babies;
see fetal rights and born alive laws in the United States).
Steven Massof, a clinic employee who pleaded guilty to similar
charges in 2011, testified that he (Massof) had snipped the
spines of more than 100 infants after they had been born alive,
and that this was considered "standard procedure" at the clinic;
a number of other employees had also testified to the same
point. No physical evidence exists for five of the seven cases —
charges are based on staff testimony and denied by Gosnell. A
photograph exists of the sixth, who allegedly had a gestational
age of 30 weeks, and the physical remains were obtained of the
seventh.[35] The Grand Jury report states that "A medical expert
with 43 years of experience in performing abortions was
appalled. This expert told us, 'I’ve never heard of it [cutting
the spinal cord] being done during an abortion'."
The United States Attorney for the Eastern District of
Pennsylvania also alleges that Gosnell's former office staff at
Family and Women's Medical Society (WMS) ran a prescription "pill
mill." From June 2008 through February 18, 2010, Gosnell allegedly
engaged in a continuing criminal enterprise by writing and
dispensing fraudulent prescriptions for thousands of pills of the
frequently-abused tablets OxyContin, Percocet, and Xanax, and the
frequently-abused syrups Phenergan and Promethazine with Codeine.
Authorities further allege that Gosnell and his staff allowed
customers to purchase multiple prescriptions under multiple names.
For the first office visit, Gosnell allegedly charged $115, but
that increased around December 2009 when he allegedly increased
the initial office visit fee to $150. Staff at the clinic went
from writing several hundred prescriptions for controlled
substances per month filled at pharmacies in 2008 to over 2,300
filled at pharmacies in January 2010. Gosnell, with the assistance
of his staff, is said to have distributed and dispensed more than
500,000 pills containing oxycodone; more than 400,000 pills
containing alprazolam; and more than 19,000 ounces of cough syrup
containing codeine.
Gosnell's lawyer states that "Everybody's made him the butcher,
this, that and the other thing without any trial, without anything
being exposed to the public and everybody's found him guilty,
that's not right". He accused the government of a "lynching" and
stated, "This is a targeted, elitist and racist prosecution of a
doctor who's done nothing but give (back) to the poor and the
people of West Philadelphia.
Cases cited in the media
Examples of cases cited in the media include:
Girl age 15, accompanied by relative (1998): said to have
told Gosnell she changed her mind about the abortion once inside
the practice. Gosnell allegedly got upset, ripped off the
patient's clothing, and forcibly restrained her. The patient
later stated that Gosnell told her "This is the same care that I
would give to my own daughter." She regained consciousness 12
hours later at her aunt's home, the abortion having been
completed against her will.
Woman age 28, five months pregnant (2001): Patient described
the pain four days after abortion as being so bad she could
barely walk. The patient described that upon returning to the
clinic because of the pain, ultrasound showed fetal remains left
inside her womb, and that Gosnell suctioned these out without
anesthesia. "I was just laying on the table and crying and I
just asked the Lord to get me through it."
Fifteen-year-old (undated): damages awarded in court upon a
finding that Gosnell performed an abortion on a fifteen-year-old
without parental permission.
Karnamaya Mongar, a 41-year-old refugee from Bhutan (2009):
according to prosecutors, Gosnell's staff gave the 90-pound
woman a lethal dose of anesthesia and painkillers during a 2009
abortion (this is the adult whose death is charged as third
degree murder). During Gosnell's trial, a toxicologist testified
to unsafe levels of the drug, and the chair of Anesthesiology at
the University of Pittsburgh Medical School testified that the
dose received by her was "outrageous" and "most" average adults
would have stopped breathing if dosed in the manner described.
Gosnell's lawyer asserts that Karnamaya Mongar also had other
drugs in her system that did not come from Gosnell's clinic, and
that none of the infants were born alive.
Lack of govenment oversight
Reports state that state officials had failed to visit or
inspect Gosnell's practices since 1993.[34] The grand jury report
noted that the medical examiner of Delaware County alerted the
Pennsylvania Department of Health that Gosnell had performed an
illegal abortion on a 14-year-old who was thirty weeks
pregnant;[44] it is also claimed the Pennsylvania Department of
Health did not act when they became aware of Gosnell's involvement
in the death of Karnamaya Mongar.
Brenda Green, executive director of CHOICE, a nonprofit that
connects the underinsured and uninsured with health services, told
Katha Pollitt of The Nation that "it tried to report complaints
from clients, but the department wouldn’t accept them from a third
party. Instead, the patients had to fill out a daunting five-page
form, available only in English, that required them to reveal
their identities upfront and be available to testify in
Harrisburg. Even with CHOICE staffers there to help, only two
women agreed to fill out the form, and both decided not to submit
it. The Department of State and the Philadelphia Public Health
Department also had ample warning of dire conditions and took no
action."
In 2011, it was reported that none of Pennsylvania's 22
abortion clinics had been inspected by the government for more
than 15 years. Former Governor Tom Ridge (a pro-choice Republican)
has refused to comment on the matter. Inspections (other than
those triggered by complaints) had ceased under Ridge's
governorship, as they were perceived to create a barrier to women
seeking abortion services.
Grand Jury report
The grand Jury published its 280-page report in January 2011.
It stated that, while some might see the issue and case through
the lens of pro- and anti-abortion politics, it was in reality:
not about that controversy; it is about disregard of the law
and disdain for the lives and health of mothers and infants. We
find common ground in exposing what happened here, and in
recommending measures to prevent anything like this from ever
happening again.
The grand jury concluded that the practice was a corrupt
organization within the meaning of racketeering law, based upon
what it considered evidence of deliberate "standard" use of
"bogus" doctors, falsification of records, grossly unprofessional
procedures with little or no regard for human life, and flagrant
disregard for medical and abortion laws and their consequences.
Key findings included
By Jon Hurdle - The New York Times
May 15, 2013
PHILADELPHIA — Dr. Kermit Gosnell was sentenced on Wednesday to
life in prison without parole for the murder of a baby born alive
in a botched abortion, who prosecutors said would have survived if
the doctor had not “snipped” its neck with scissors.
The sentence was part of an agreement that Dr.
Gosnell reached with the Philadelphia district attorney’s office
under which he waives his right to appeal the first-degree murder
conviction and two others that a jury returned on Monday.
Under the agreement, Dr. Gosnell, 72, will be
spared the death penalty, which prosecutors previously said they
would seek.
Dr. Gosnell, in a dark suit similar
to one he wore throughout his five-week trial, declined an offer
by Judge Jeffrey P. Minehart of Common Pleas Court to speak to the
court before being sentenced.
After he was told
that he would spend the rest of his life in prison without parole
for the murder of a victim known as Baby A, Dr. Gosnell shook
hands with his lawyer, Jack J. McMahon, and was escorted out of
the courtroom to begin his sentence.
Dr.
Gosnell was also sentenced to a total of 30 to 60 years on two
charges of conspiring to kill two of the babies and on one charge
of violating the corrupt organizations act, which has to do with
ordering subordinates to commit crimes. And he was sentenced to
two and a half to five years on involuntary manslaughter in the
case of Karnamaya Mongar, a woman who died after being given too
much anesthetic in Dr. Gosnell’s West Philadelphia abortion
clinic.
Outside the courthouse, members of the
jury spoke publicly for the first time. The foreman, David Misko,
said it had been emotionally hard for the jurors, seven women and
five men, to deal with the trial’s gruesome images and searing
testimony.
“It was emotionally tolling for
everyone involved,” he said.
Asked what had led
the jury to convict Dr. Gosnell on three counts of first-degree
murder, Mr. Misko said: “Premeditation. It was business as usual.
He snipped the necks no matter what.”
Mr. Misko,
27, who works for a health care company, said he had been offended
by Dr. Gosnell’s expression during the trial. “He just sat there
smirking,” Mr. Misko said. “It wasn’t good. I didn’t care for it.”
Sarah Glinski, one of three jurors who appeared
before the news media after the trial, said she believed that Dr.
Gosnell had started his clinic with good intentions of helping
women who had little ability to afford abortions, but that he had
gone wrong along the way.
“He is an abortion
doctor who tried to give people who may not have had the money the
services they needed,” said Ms. Glinski, a public affairs officer
with the Defense Department. “I think somewhere, something went
wrong in his mind that made him do these things to these children
that were born alive.”
Ms. Glinski, 23, said
she believed in a woman’s right to choose whether to have an
abortion, but added, “That doesn’t mean I don’t believe in the
sanctity of life.” She does not have children, which she said had
made it easier to take a detached view of the evidence, but she
concluded that the acts Dr. Gosnell were convicted of were “evil.”
“It was hard for me to admit that this kind of
evil exists in this world,” she said.
Another
juror, Joseph Carroll, 46, said he might need to seek counseling
after hearing all the evidence and seeing disturbing images of
aborted fetuses and of the squalid conditions and grisly items in
Dr. Gosnell’s clinic, including jars of fetuses’ feet, discovered
by law enforcement officers during a drug raid in 2010.
The Philadelphia district attorney, R. Seth
Williams, said the Gosnell case was probably the most gruesome he
had dealt with since becoming district attorney three years ago.
“I will not mince my words: Kermit Gosnell is a
monster,” Mr. Williams said after the sentencing. “Any doctor who
cuts into the necks, severing the spinal cords of living,
breathing babies, who would survive with proper medical attention,
is a murderer and a monster.”
But Dr. Gosnell’s
lawyer, Mr. McMahon, reiterated his defense that his client had
snipped the necks only of fetuses that were already dead.
“He believes he never killed a live baby,” Mr.
McMahon told reporters. “The jury has made its decision on what
happened here. We respect it, but that doesn’t mean it’s the
truth.”
Los Angeles Times
May 14, 2013
PHILADELPHIA — Kermit
Gosnell, the abortion doctor convicted of killing three babies who
were born alive in his grimy clinic, agreed Tuesday to give up his
right to an appeal and now faces life in prison but will be spared
a death sentence.
The 72-year-old Philadelphia doctor was found
guilty Monday of first-degree murder in the deaths of the babies,
who were killed with scissors.
In a case that became a flash
point in the nation's abortion debate, former clinic employees
testified that Gosnell routinely performed illegal abortions past
Pennsylvania's 24-week limit, that he delivered babies who were
still moving, whimpering or breathing, and that he and his
assistants dispatched the newborns by “snipping” their spines, as
he referred to it.
Prosecutors agreed to two life sentences
without parole, and Gosnell was to be sentenced Wednesday in the
death of the third baby, an involuntary manslaughter conviction in
the death of a patient and hundreds of lesser counts.
Prosecutors had sought the death penalty because Gosnell killed
more than one person, and his victims were especially vulnerable
given their age. But Gosnell's advanced age had made it unlikely
he would ever be executed before his appeals ran out.
Gosnell
has said he considered himself a pioneering inner-city doctor who
helped desperate women get late-term abortions. Defense lawyer
Jack McMahon said before the sentencing deal that his client's bid
for acquittal was a battle.
“The media has been overwhelmingly
against him,” McMahon said. “But I think the jury listened to the
evidence … and they found what they found.”
The gruesome
details of Gosnell's operation came out more than two years ago
during a grand jury investigation of prescription drug
trafficking. Authorities raiding Gosnell's clinic for drugs
instead found bags and bottles of fetuses, including jars of
severed feet, along with bloodstained furniture, dirty medical
instruments and cats roaming the premises.
Prosecution experts
said one of the babies was nearly 30 weeks along when the abortion
took place, and was so big that Gosnell allegedly joked the baby
could “walk to the bus.” A second baby was said to be alive for
about 20 minutes before a clinic worker snipped the neck. A third
was born in a toilet and was moving before another clinic employee
severed the spinal cord, according to testimony.
A fourth baby
let out a whimper before Gosnell cut the neck, prosecutors
alleged. Gosnell was acquitted in that baby's death, the only one
of the four in which no one testified to seeing the baby killed.
Gosnell's attorney argued that none of the fetuses were born alive
and that any movements were posthumous twitching or spasms.
Pennsylvania authorities had failed to conduct routine inspections
of all its abortion clinics for 15 years by the time Gosnell's
facility was raided. In the scandal's aftermath, two top state
health officials were fired, and Pennsylvania imposed tougher
rules for clinics.
Partisans on both sides of the nation's
polarized abortion debate were quick to weigh in after the
verdict. Abortion foes said the case helped to illustrate the
disturbing reality of abortion.
“This has helped more people
realize what abortion is really about,” said David O'Steen,
executive director of the National Right to Life Committee. He
said he hopes the case results in more states passing bills that
prohibit abortion “once the unborn child can feel pain.”
Supporters of legalized abortion said the case offered a preview
of what poor, desperate young women could face if abortion is
driven underground with more restrictive laws.
“Kermit Gosnell
has been found guilty and will get what he deserves. Now, let's
make sure these women are vindicated by delivering what all women
deserve: access to the full range of health services including
safe, high-quality and legal abortion care,” said Ilyse G. Hogue,
president of NARAL Pro-Choice America.
During the trial,
Gosnell proved a solitary figure from beginning to end, with no
friends or relatives in the courtroom, despite the fact he's been
married three times and has six children, nearly all of them
adults.
Gosnell did not testify and called no witnesses in his
defense. But McMahon branded prosecutors “elitist” and “racist”
for pursuing his client, who is black and whose patients were
mostly poor minorities.
“I wanted to be an effective, positive
force in the minority community,” Gosnell told the Philadelphia
Daily News in a 2010 interview. “I believe in the long term I will
be vindicated.”
Gosnell was also convicted of infanticide,
racketeering and more than 200 counts of violating Pennsylvania's
abortion laws by performing third-term abortions or failing to
counsel women 24 hours in advance.
The defense also contended
that the 2009 death of 41-year-old Karnamaya Mongar of Woodbridge,
Va., a Bhutanese immigrant who had been given repeated doses of
Demerol and other powerful drugs to sedate her and induce labor,
was caused by unforeseen complications and did not amount to
murder, as prosecutors charged.
Bernard Smalley, a lawyer for
the woman's family, said he now hopes to bring “some sense of
justice and quiet to this family that's been through so much
BY Tricia Romano - TruTV.com
For over 30 years, Dr. Kermit Gosnell ran the Women's Medical
Society in Philadelphia. Ostensibly, this was a women's health
clinic, where abortions were performed, but also where women could
get check ups and prescriptions.
In a normal
clinic, the walls are white, the lights are bright, and everything
is sterilized and sparkling clean.
In Dr.
Gosnell's world, the walls, the furniture, the chairs, the
hospital beds, were bloodstained. The surgical tools used to
operate on women often went uncleaned between patients. Fetal
parts were kept in the freezer and in jars that lined the
hallways. Medical equipment -- tools used for saving lives -- were
broken and corroded. The office was a dangerous maze of narrow
hallways, which made moving women from floor to floor or room to
room difficult.
But these unsanitary conditions
were only part of the egregious violations that Gosnell and his
cast of unsavory characters allegedly performed on a regular basis
at this clinic.
The Grand Jury investigation
report overseen by District Attorney R. Seth Williams is a
mind-boggling 281 pages -- enough for a novel.
For several months, according to the Grand Jury report, Gosnell
had been carelessly handing out prescriptions for drugs like
Oxycontin. This is perhaps the only reason he was caught. The Drug
Enforcement Agency (DEA), the Philadelphia Police Department, and
the Dangerous Drug-Offender Unit busted into Gosnell's clinic on
February 18, 2010. While their aim was to find evidence supporting
their drug-trafficking charges -- they instead saw that Gosnell's
clinic had entirely different problems -- problems that seemed far
more serious.
According to the Grand Jury
investigation, the conditions inside were described by the agents
as: "filthy," "deplorable," "disgusting," "very unsanitary, very
outdated," and "horrendous."
"There was blood on
the floor. A stench of urine filled the air. A flea-infested cat
was wandering through the facility, and there were cat feces on
the stairs. Semi-conscious women scheduled for abortions were
moaning in the waiting room or the recovery room, where they sat
on dirty recliners covered with blood-stained blankets."
What investigators learned as they began interrogating the
employees and going through the files, is that Dr. Gosnell didn't
run a health clinic -- he ran a death clinic.
Dr. Gosnell and several of his employees are charged with killing
one adult woman, and seven newborn babies. It is alleged that he
and his staff killed babies by severing their spinal cords with
scissors after they were born from induced labor. Countless others
are alleged to have been delivered into a toilet by the women, and
fished out later so as not to clog the pipes.
In
the state of Pennsylvania, the cut off date for a late-term
abortion is 24 weeks. The gestation period is determined by
ultrasound. Women who elected to have a late-term abortion must
wait 24 hours before undergoing the procedure; and they must
receive counseling about other options.
In Dr.
Gosnell's clinic, ultrasounds were routinely fudged to show that
the women were not as far along in their pregnancies. Counseling
and 24-hour waiting period were waived in lieu of cold, hard cash.
When he wasn't killing babies or patients, the Grand Jury report
alleged, he was infecting women by not using sterilized tools. He
spread venereal disease from patient to patient -- oftentimes
young women from poor backgrounds and immigrant communities.
During his surgical procedures, he would often puncture and
perforate women's wombs. They would later need hysterectomies or
further surgery. Often, they would be deprived of being able to
have babies. Sometimes, according to the report, he'd leave behind
fragments of the fetuses, causing his patients to get infections
and nearly die. When they would get so sick that they would need
to go to an emergency room, Gosnell and his staff would refuse to
let them go. It didn't matter: the hallways were too narrow to
transport patients on a gurney. And the emergency exit was
padlocked; the key was hard to find, and the lock harder to open.
The clinic was open for over 30 years; and despite numerous
reports and incidents, it had never had a full inspection by the
heath authorities in the state. There is a now lawsuit underway
brought by the family of one of the victims.
The Staff
During the day, Gosnell's
clinic was primarily used for seeing patients and prescribing
drugs. A pre-signed pad was left at the clinic so that staff --
none of whom were licensed doctors and nurses -- could write
prescriptions at will. According to the Grand Jury report, it is
estimated that Gosnell pulled in hundreds of thousands of dollars
a year. The Grand Jury report also stated "Gosnell was one of the
top three Oxycontin prescribers in the state of Pennsylvania." He
had written so many prescriptions that by 2010, a nearby
pharmacist had stopped filling the prescriptions coming from
Gosnell's clinic.
Based on the evidence, the
Grand Jury recommended charging Gosnell and part-time employee
Steven Massoff with conspiracy to violate the Controlled
Substances Act.
The fact that none of the
employees on his full time staff were trained medical
professionals was the biggest red flag that Gosnell was not
operating a normal facility. His staff was entirely untrained and
paid nearly minimum wage, often in cash.
Among
his employees were Ashley Baldwin, a 15-year old full-time high
school student, and her mother, Tina Baldwin, who'd worked for
Gosnell for nine years. Also employed by Gosnell were Latosha
Lewis, Lynda Williams, and Sherry West. In all cases, the women
were overseeing and participating in procedures that were far
above their pay grade -- which wasn't much. Lewis was paid $7 an
hour -- with overtime, but then was "upgraded" to $12 an hour and
no overtime. If she worked on a late-term abortion, she could get
a bonus of $20. West was paid between $8 to $10 an hour.
Like the others, the high school student was given absurd
responsibilities: performing ultrasounds, giving patients drugs,
and helping with the surgeries. While Tina Baldwin and Lewis had
attended the Thompson Institute and received rudimentary medical
training, only Baldwn received a certificate of completion -- in
2009, near the end of her tenure. Williams, in helping with
procedures, would allegedly deliver babies, born fully alive, and
then sever their spinal cords -- as she had learned from the
doctor. Sherry West, a former patient of Gosnell's, was diagnosed
Hepatitis C and never used gloves or other sanitary precautions
when touching patients, administering IVs and drawing blood.
There were others -- including Randy Hutchins (the only licensed
medical provider briefly on staff,) Maddline Joe, Steve Massof and
Eileen O'Neill (medical school graduates who were unlicensed and
never entered a residency program,) and Andrea Moton, who
"assisted" with surgeries and allegedly killed living babies. Also
on staff was Pearl Gosnell, Dr. Gosnell's wife. She administered
drugs and performed medical procedures, but her only license was
for Cosmetology.
Even Gosnell himself was not
board certified and was not officially an obstetrician or
gynecologist.
The Procedures
Despite being in charge of
the clinic, Gosnell was almost never on the premises, leaving his
untrained, incompetent staff alone. They would only resort to
calling him once in a while because, as they told the Grand Jury,
he had a temper and didn't like to be bothered. What was Dr.
Gosnell doing while his patients moaned in pain, unmonitored by
his minimum-wage staff? Swimming, jogging and relaxing.
Meanwhile, his staff were performing dangerous procedures -- using
outdated, unsterilized and often broken equipment.
The motive for the madness at the Women's Medical Society was
simple: money. In a normal medical clinic, only a doctor
administers drugs; this is especially important during surgical
procedures when the patient needs to be under anesthesia. But at
Gosnell's clinic, drug packages were sold to women, often for
abortions that in a normal clinic would be done in an hour and not
require any major pain medication.
The choices
were outlined in a handwritten chart made by Ashley Baldwin, the
15-year-old high school student.
The words
"Heavy," "Twilight," "Custom" and "Local" were color-coded with
yellow, green, and blue dots. The amount of drugs for each was
incredibly high by any standard, and included a mixture that often
could have dangerous double effects on the central nervous system.
The "recipe" for "Twilight": 75 milligrams of Demerol (meperidine);
12.5 milligrams of promethazine (Phenergan); and 7.5 milligrams of
diazepam (Valium).
They were administered
without regard to the height or weight of the woman receiving the
treatment, not to mention her prior medical history.
Latosha Lewis told the Grand Jury how the patients were presented
with their choice of medicine: "You can pick which anesthesia you
want to receive, whether you want to be up, half asleep, if you
want to be knocked out, and it's additional to your procedure, but
local anesthesia is included in the smaller cases and custom
anesthesia, which is the highest, to be put to sleep in the bigger
cases."
Again, no qualified anesthesiologist was
on staff.
The cost of the medicines were printed
on a chart that advised:
It will probably be
best to pay the extra money and be more comfortable if some of the
following conditions are true for you.
1. The
decision to have the procedure is a difficult decision.
2. Medication is usually necessary for your menstrual cramps.
3. Your decision has been forced by your parents or partner.
4. Your family members or friends 'don't like pain.'
The drugs cost $50 more for heavy sedation; $140 for twilight
sedation and $200 for the custom option. The cost of an abortion
was rated based on how far along the mother was -- if the woman
was willing to pay cash and was only four to eight weeks pregnant,
the procedure cost $450. But women who were between 21 to 24 weeks
pregnant paid between $1575 to $1850 in cash.
For those women who were there for the late term abortions, the
procedures were a two-day affair. They would arrive the afternoon
or evening prior to the operation, and one of Gosnell's untrained
staff would start inducing labor. Cytotec was given to most of the
women to begin contractions. Normally put inside a patient's lip,
Williams habitually put in it inside their vaginas. Sometimes, the
staff would sometimes insert synthetic or seaweed rods called
laminaria the night before their procedure, to help the dilation
of the cervix. This procedure is delicate and should be performed
by a doctor.
Because the cramping from the
laminaria and the Cytotec was so severe, the women were often in
excruciating pain for hours at a time. Gosnell was usually not on
the premises. This meant they were immediately drugged -- often to
the point of overdosing. Restoril, a sleep disorder treatment with
muscle relaxant properties, was the drug of choice -- often given
in addition to the sedation packages.
Most of
the time, eight or ten women were kept in a single room, moaning
and groaning in pain. Gosnell's instructions were to drug them up
as much as possible to "quiet them."
Tina
Baldwin testified at the Grand Jury that they would take the
loudest woman, "Put her in a room, let's give her her medication,
quiet her up. She's upsetting everybody else. So usually she would
get done first."
Sometimes, Baldwin testified,
Gosnell would slap women to get them to shut up; if that didn't
work, he would completely sedate them. He did this because he was
afraid that any screaming would be cause for attention from the
police.
The Death of Karnamaya Mongar
Though the
amounts given were already careless, a bigger problem was that the
staff didn't keep track of when they had dosed someone, or how
much they had already dosed someone. In some cases, they didn't
even follow the dosage as laid on the pre-sale chart. This was
especially true of Sherry West and Lynda Williams. According to
testimony by another employee, Kareema Cross, Williams routinely
used too much medication in her drug dosages, causing Cross to
complain about it to Gosnell himself. Gosnell responded by
instituting a logbook of drug dosages -- but that was only put in
place to keep them from spending too much money. They still did
not keep track of the drugs on the patient charts.
Even more troubling, the clinic was not outfitted with up-to-date
or working monitoring equipment. At hospitals, patients are hooked
up to machines that keep track of their heartbeats and their
breathing. According to the Grand Jury report, "Without the
benefit of machines, monitoring at a minimum would require
physically watching the patients to make sure they were breathing.
Neither Williams nor West did this."
This
reckless and cavalier attitude towards administering heavy drugs
is what ultimately led to the overdose and cardiac arrest of
Karnamaya Mongar.
Mongar was a 41-year old
Nepalese refugee. She was only 4'11" and 110 pounds. She had a
daughter, Yashoda Gurung, and was married. On 2:30, November 19,
2010, she was admitted to the clinic, and immediately dosed with
Cytotec and Restoril by Williams and West. Gosnell was not on
site, but Gurung clearly thought the two women were doctors, and
referred to them as such. They did nothing to dissuade her.
According to the Grand Jury report: "Mrs. Gurung testified that,
between 3:30 and 8:00 p.m., her mother was given five or six doses
of oral medicine." The medicine was likely Cytotec. She was then
put to sleep for a few hours. They didn't stay in the room to
monitor Mongar. When Mongar's daughter tried to visit her mother
in the recovery room, she found her mother unresponsive -- instead
of double-checking on her mother's vital signs, the staff told her
that she was sleeping and sent Gurung to another waiting room
until the doctor arrived.
Dr. Andrew Herlich,
the Chairman of the Anesthesia Department at the University of
Pittsburgh Medical Center, testified about the dosages used by
Gosnell and his staff as being outrageous. "Mr. Herlich opined
that if average-sized adults, with no particular sensitivities to
the drugs, were given two 'custom' doses within four hours, 'most
would stop breathing.'"
Gosnell had arrived and
was attempting to perform CPR; when that failed, they went
upstairs to retrieve the "crash cart," which contained medication
that can help revive someone having a heart attack. They attempted
to use the defibrillator. But like most of the medical equipment
at the facility, it didn't work.
An ambulance
was ultimately called at 11 p.m., three hours after Mongar's
daughter had seen her be unresponsive. Gosnell and his staff
omitted key facts: they didn't tell the EMTs that she had been
given Demerol. By the time EMTs arrived, they had removed her IVs.
They also hadn't bothered injecting her with Narcan, which can
jump start a failing heart.
At least ten minutes
had passed between the administering of CPR and the 911 call; more
minutes still passed when the medics couldn't get into the
facility because of the locked emergency exit.
After 45 minutes, Mongar's heart started beating and she was taken
to Intensive Care at the hospital where she was put on life
support until her family could arrive. She was pronounced dead the
next day.
Viable Babies
An 18-page chapter in the
Grand Jury report is entitled "The Intentional Killing of Viable
Babies." Gosnell was supposed to perform abortions, but because he
often performed abortions on women who were well past the legal
limit of 24 weeks, many of the fetuses were fully-formed and could
survive if delivered. The practice of inducing labor, actually
meant that many of the women gave birth. Sometimes they were told
to sit on a toilet and expunge the baby, because Gosnell was not
there to oversee the procedure. Other times, a baby would come out
of the womb and Gosnell would take a live, screaming, kicking baby
and sever its spinal cord with a snip of the scissors. It was a
practice, the Grand Jury report alleges, that happened hundreds of
times over the years, but because much of the paperwork and
evidence was destroyed, there were only seven provable incidents.
His young victims included Baby Boy A, nearly 7 and a half months,
killed and discarded in a plastic shoe box. Baby Boy B, 28 weeks,
was frozen forever in a gallon water bottle. Baby C was living in
the world for 20 minutes before Williams, according to testimony
by Cross, came in and extinguished the new life with a slice to
the neck, as she'd seen Gosnell do.
Kareema
Cross had actually taken a picture of Baby A, because he was so
large. At 18 to 19 inches, he was large enough for the doctor to
joke about: "This baby is big enough to walk around with me or
walk me to the bus stop."
Cross testified: "I
knew something was wrong because everything, like you can see
everything, the hair, eyes, everything. And I never seen for any
other procedure that he did, I never seen any like that."
Where were the authorities? Surely a place this disgusting and
dangerous would have been noticed and reported. Though many of the
women were likely too scared to go to police (they had after all,
undergone an illegal procedure), many times they would turn up at
hospitals with fetal remains still inside them, bleeding from
puncture wounds, or going into septic shock from infection. The
doctors who treated these women would sometimes alert authorities,
attorneys who were representing some of the women would complain
to the Department of Health. The powers that be even knew that a
woman had died while at his clinic and had been tipped off by a
former employee to the full extent of the conditions there years
earlier.
Incredibly, though, no one inspected
the premises between 1993 and 2010, and Gosnell stayed in
business.
Charges
It may have taken 30 years, but
the process of justice for the women who went to Gosnell's clinic
is moving swiftly. Mongar's family is suing the city of
Philadelphia over her death; they have also filed a civil suit
against Gosnell. Other malpractice suits are under way as well.
Gosnell, his wife, and eight members of his staff have been
charged by the city for their actions at the clinic. Most have
pleaded guilty to reduced charges. Below is a breakdown of the
charges.
Kermit Gosnell, 70, is charged
with eight counts of murder -- one for Mrs. Mongar and one each
for Baby Boy A, Baby Girl A, Baby Boy B, Baby C, Baby D, Baby E,
Baby F and Baby G. He is also charged with multiple counts of
infanticide, drug delivery resulting in death, conspiracy to
commit murder, solicitation to commit murder, abuse of a corpse,
racketeering, theft by deception, participating in corrupt
organizations, Controlled Substances Act violations, obstruction,
tampering with evidence, hindering prosecution, and abortion at 24
or more weeks.
Gosnell's wife, Pearl Gosnell,
was charged with abortion at 24 or more weeks, conspiracy and
participating in corrupt organizations. She pleaded guilty on Dec
13, 2011 to performing an abortion after 24 weeks of pregnancy,
two counts of conspiracy and participating in a corrupt
organization. Her original Feb 15, 2012 sentencing date was
deferred to March 21, 2012, when it will again be deferred until
Sept. 12, 2012.
Lynda Williams, 42, was
charged with murder in the 3rd degree, conspiracy, abortion at 24
or more weeks, participating in corrupt organizations, drug
delivery resulting in death and related charges. On November 9,
2011, Williams pleaded guilty to two counts of murder in the 3rd
degree, two counts of conspiracy, participating in corrupt
organizations and drug delivery resulting in death. Her sentencing
is set for March 21, 2012.
Sherry West,
51, was charged with murder in the 3rd degree for the death of
Mrs. Mongar, abortion at 24 or more weeks, conspiracy, tampering
with records, hindering prosecution, obstructing administration of
law and other related offenses. She pleaded guilty on Oct. 27,
2011, to murder in the 3rd degree, conspiracy, drug delivery
resulting in death, and participating in corrupt organizations.
Her sentencing is set for Sept. 12, 2012.
Adrienne Moton, 33, was charged with murder in the 3rd degree,
conspiracy, conspiracy to commit murder and participating in
corrupt organizations. She pleaded guilty on Oct 27, 2011, to
Murder in 3rd Degree, conspiracy and participating in corrupt
organizations. Her original Feb 15, 2012 sentencing date was
deferred to March 21, 2012, when it will again be deferred until
Sept. 12, 2012.
Dr. Gosnell's sister-in-law,
51-year-old Elizabeth Hampton was charged with obstructing
administration of law, hindering prosecution, perjury, and false
swearing. She pleaded guilty on Oct 13, 2011 to perjury. Her
sentencing is set for Sept. 12, 2012.
Eileen
O'Neill, 54, is a medical school graduate who worked as doctor
at the clinic. She had no license or certification. She was
charged with theft by deception, conspiracy, perjury, racketeering
and false swearing.
Tina Baldwin, 45, was
charged with participating in corrupt organizations, conspiracy,
and corruption of a minor. According to the DA, she allowed her
teenage daughter to administer anesthesia. She pleaded guilty on
Nov 14, 2011, to participating in corrupt organization,
conspiracy, and corruption of a minor. One conspiracy charge was
dropped.
53-year-old Maddline Joe was
charged with conspiracy and participating in corrupt
organizations. She was the office manager at the clinic. Her trial
is scheduled for March 14, 2013. Pre-trial hearings will start
August 13, 2012.
An unlicensed medical school
graduate, Steven Massoff, 48, was charged with3rd degree murder in
deaths of two babies, conspiracy, theft by deception and
participating in corrupt organizations. He pleaded guilty on
December 13, 2011 to both counts of 3rd degree murder, conspiracy
and participating in corrupt organizations.
District Attorney Seth Williams, who oversaw the Grand Jury
report, told reporters "I am aware that abortion is a hot-button
topic, but as district attorney, my job is to carry out the law. A
doctor who knowingly and systematically mistreats female patients,
to the point that one of them dies in his so-called care, commits
murder under the law."
Perhaps the good doctor
didn't understand what he was doing was wrong. It seems
impossible.
At the time of his arraignment, the
AP reported that Gosnell didn't understand why he was being
charged with eight murders. He told a magistrate. "I understand
the one count, because a patient died, but I didn't understand the
seven counts."