A stunning court result has been uncovered by officials at Live Action, who document the pro-life movement and report on the atrocities of the nation’s abortion industry: a court in Arkansas has ordered abortionists to pay $67,500 in damages to the father of an aborted baby for “psychological, emotional and physical injuries.”
The court concluded that “it was essentially an illegal abortion” because the abortionist and the abortion corporation failed to obtain the legally required voluntary and informed consent from his wife for the abortion.
The state’s law includes “specific items” that must be disclosed, “each of which is necessary to comply with the informed consent mandate,” the judge said, but those steps were not accomplished.
“Consequently, defendants performed or induced an abortion on M.S.V. without informed consent. In other words, the abortion should not have been performed, it was essentially an illegal abortion,” the judge, Bryan B. Chambers, wrote, allowing the father, also under state law, to demand damages.
The defendants in the case brought by Mario Villegas were Camelback Family Plannined, owner Gabrielle J. Goodrick, and abortionist Kristen Livingston.
“The plaintiff had established that he experienced the ‘loss of parent-child relationship’ that he ‘would have had’ and that this injury’ resulted from the [abortion],” according to a report at Live Action.
Another abortionist claimed at trial that the consent was, in fact, proper. But the judge said the wife “testified that nothing would have changed her mind about obtaining the abortion,” but she “never received the information the statute required. She cannot reliably testify about what she would have done with information she never had.”
The judge said, “For the reasons that follow, this court finds that the pregnancy at issue in this case that was terminated in abortion was not the result of any criminal conduct on the part of the Plaintiff. Further, this court finds that the Plaintiff is entitled to $5,000.00 in statutory damages for Defendants failure to comply with Arizona’s Informed Consent Law A.R.S. S 36-2153, and $62,500.00 in compensatory damages for his psychological, emotional, and physical injuries resulting from Defendants violation Of Arizona’s Informed Consent Law.”
The plaintiff also was entitled to judgment for attorney fees and costs.
The law specifically provides damages under certain circumstances for “The father of the unborn child if the father was married to the mother at the time she received the abortion, unless the pregnancy resulted from the plaintiff’s criminal conduct.”
Villegas’ wife obtained an abortion in 2018 at the Camelback Family Plannined.
“J. Stanley Martineau, an Arizona attorney who represented Villegas, claimed that Goodrick ‘induced M.S.V.’s abortion by giving her two abortion-inducing drugs, MifeprexTM and Misoprostol.’ He argued in court documents that Mario’s ex-wife was not properly consented under the law for the abortion,” the report said.
Evidence showed the abortion industry players failed to inform M.S.V. about “immediate and long-term medical risks of an abortion,” “alternatives to abortion” and “anatomical and physiological characteristics of her unborn child.”
The couple later divorced, because the father said “he was so distressed after learning of his wife’s intention to obtain the abortion that he ‘could not eat,’ ‘function,’ or ‘focus.'”
And, the report said, judges later claimed the Women’s Right to Know Act was unconstitutional, meaning abortionists in the state no longer must provide information.
Lawyer Mike Seibel, who has worked on related fights, said, “Even though the Court did not recognize the inherent value of the preborn person, they recognized the parental relationship.”
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[ H/T WorldNetDaily ]
