Kermit Gosnell

Kermit Barron Gosnell is an American physician and former abortion provider who was convicted of murdering three infants who were born alive during attempted abortion procedures; he was also convicted of involuntary manslaughter of one woman during an abortion procedure. Gosnell owned and operated the Women's Medical Society clinic in Philadelphia, Pennsylvania, and was a prolific prescriber of OxyContin. In 2011, Gosnell and various co-defendant employees were charged with eight counts of murder, 24 felony counts of performing illegal abortions beyond the state of Pennsylvania's 24-week time limit, and 227 misdemeanor counts of violating the 24-hour informed consent law. The murder charges related to an adult patient, Karnamaya Mongar, who died following an abortion procedure, and seven newborns said to have been killed by having their spinal cords severed with scissors after being born alive during attempted abortions. In May 2013, Gosnell was convicted of first degree murder in the deaths of three of the infants and involuntary manslaughter in the death of Karnamaya Mongar. Gosnell was also convicted of 21 felony counts of illegal late-term abortion, and 211 counts of violating the 24-hour informed consent law. After his conviction, Gosnell waived his right to appeal in exchange for an agreement by prosecutors 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 kin an African-American family. He was a 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 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 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 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. Gosnell was also associated with clinics in Delaware and Louisiana. Atlantic Women's Services in Wilmington, Delaware, was 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, 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 February 18, 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… Fetal 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 February 22, 2010, and these and other findings were presented to a grand jury on May 4, 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, that freely roaming cats defecated 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" of additional 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. 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. 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 around December 2009 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."