Re: Australian Lawsuit?

From: art fougner, md (evsono@pipeline.com)
Sat Jan 12 21:51:31 2002


Joe -

no but i'm sure that all the new york tort lawyers have. this sounds like a great case to forward to John Stossel on 20-20. talk about junk science.

oth here's the countersuit i am waiting for ( tho not holding my breath)- a woman with breast cancer had sued her physicians, alleging among other things a significantly shortened life expectancy. this woman has now survived for fifteen years. her ObGyn physician, now retired but recently having graduated law school, files suit for a return of a portion of the settlement, claiming "Failure to Die in a Timely Fashion."

Stranger things have happened.

art

At Sat, 12 Jan 2002, DoctorJoe@aol.com wrote: >
>Any of y'all from down under heard of this one yet?
>
>Joe P.
>
>--
>
> Catherine Captures settlement from Dr. Dhillon
> (Brent Rooney)
>
> Pregnant Catherine M. (age 23) would have lowered her breast
>cancer risk in 1998 if she had hired a midwife and had a full-term
>birth; full-term births lower breast cancer risk, especially the
>first full-term birth (if the woman is under age 30). Instead
>Catherine had an elective abortion performed by Australian Dr.
>Deepali Dhillon. In the year 2000 Catherine sued Dr. Dhillon, with
>three (3) of her 17 claims related to the unconsented breast cancer
>risks to which Deepali subjected her. In August 2001 Dr. Dhillon
>(and his co-defendant) settled with Catherine. The settlement
>in Australia is the first ever settlement anywhere where the
>plaintiff alleged an 'ABC' (Abortion-Breast-Cancer) risk.
> I have a copy of Catherine's 'Amended Statement Of Claim'.
>Here are her 3 statements of claim regarding the 2 'ABC' risks:
> (o) Failing to warn the Plaintiff that the termination
> of her pregnancy might increase the risk of her
> subsequently developing breast cancer;
> (p) Failing to inform the Plaintiff that there was a
> body of medical opinion and/or surveys that
> suggested there was a link between surgical
> termination of pregnancy and the subsequent risk
> of developing breast cancer; and
> (q) Failing to inform the Plaintiff that proceeding
> with her pregnancy would reduce the subsequent
> risk of breast cancer.
> ..........
>
> If Catherine had 'gone to court', could her lawyers and
>expert witnesses established that the 'ABC' risk for this
>elective procedure was credible? Let's hear from internationally
>recognized cancer expert (and liberal) Dr. Samuel S. Epstein:
>
> "For example, if you were to have an abortion at the age of 25,
> your risk of developing breast cancer at the age of 60 would
> increase from 1 in 24 to about 1 in 18, especially if you
> have more than one abortion before your first full-term
> pregnancy." (The Breast Cancer Prevention Program, Dr. Samuel
> S. Epstein et al, 1997, pp. 36-37).
>
>(Dr. Samuel Epstein is 'pro-choice'). Other 'pro-choice' medical
>professionals such as Dr. Janet Daling, Lynn Rosenberg (ScD) (under
>oath in 1999), and Dr. Susan Love (via medically postponed first
>full-term birth) have conceded higher breast cancer risk via elective
>abortions.
>
> I know of two professions that lower a woman's breast cancer
>risk:
> 1. midwives (by improving the odds of a full-term delivery)
> 2. fitness instructors (moderate to high levels of physical
> activity lower breast cancer risk)
>
> People of common sense and decency will be unhappy to learn that
>no abortion clinic consent form in Australia, Canada, or the United
>States lists higher risk of breast cancer as even a possibility.
>It is likely that women in developed countries will follow Catherine's
>example and sue abortion doctors and clinics for the medical
>negligence of not warning about the two (2) 'ABC' risks on consent
>forms. [for more 'ABC' info., visit http://www.AbortionBreastCancer.com ,
>, http://www.abortioncancer.com , or http://www.vcn.bc.ca/~whatsup ]
>
> Informed medical consent, every woman's right! (I have had
>my work published in the British Medical Journal, Epidemiology,
>Western Journal of Medicine, European Journal of Obstetrics &
>Gynecology and Reproductive Biology, Alive, etc.)
>
>.....................................................................
>
>Brent Rooney (Independent Medical Researcher)
>Vancouver, Canada
>stopcancer@yahoo.com
>web: http://www.vcn.bc.ca/~whatsup
>

--
art fougner, md
ich bin ein New Yorker




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