Lawsuit
Alleges Medical Malpractice in RU-486-Related Death
By Christine Hall
CNSNews.com Staff Writer
September 03, 2002
(CNSNews.com)
- The abortion clinic that administered the drug RU-486 to a Tennessee
woman allegedly failed to diagnose a life-threatening medical condition,
resulting in her death, according to a malpractice lawsuit filed by
the deceased woman's estate.
Brenda A.
Vise, a 38-year-old Hamilton County, Tenn. resident, died on Sept. 12,
2001, the lawsuit alleges, from a massive infection resulting from a
ruptured ectopic (tubal) pregnancy, five days after she visited the
Knoxville abortion clinic and began taking the RU-486 drug combination.
The Food
and Drug Administration (FDA) warns that women with tubal pregnancies
should not take RU-486. The drug combination will not abort a tubal
pregnancy, which must be treated by medical therapy or surgery to prevent
rupture, according to the American College of Obstetricians and Gynecologists
(ACOG).
Ectopic pregnancy
is a "major health problem for women" and, in the United States,
is the leading cause of pregnancy-related death during the first trimester,
ACOG states in its guideline pamphlet for obstetricians and gynecologists.
But in the
case of Brenda Vise, the abortion clinic allegedly missed several opportunities
to diagnose her condition and recommend appropriate medical care, according
to the lawsuit filed in Hamilton County Circuit Court on Aug. 2. Vise
was six weeks pregnant.
"The
boyfriend who went with [Vise] said they (the abortion clinic) did the
ultrasound and ... said, 'we don't see any fetus in the uterus, but
that's not unusual. This is an early pregnancy,'" said plaintiff's
attorney Hoyt O. Samples.
"The
clinic should have properly performed an ultrasound, and if they had
properly performed the ultrasound, they would have realized there was
no fetus in the uterus," Samples alleged. Combined with a positive
pregnancy test, the absence of a fetus in the uterus would have provided
a near certain signal of a tubal pregnancy, Samples said, "and
[the clinic] should have immediately referred her to appropriate medical
care."
The clinic
"never discussed the possibility of a tubal ectopic pregnancy at
all, but that is a classic sign of [a] need to look further," said
Samples. Instead, he said, "They went ahead and gave her the first
pill, the RU-486 pill," Mifeprex.
After Vise
was prescribed Mifeprex on Sept. 7, 2001 and returned home, she began
to experience severe pain and bleeding, which worsened over several
days, the complaint alleges. She placed "multiple" calls to
the clinic as her condition worsened but "was advised that her
symptoms were normal and routine," according to the lawsuit.
"Then
when the symptoms got really bad, they said, 'well, bring her to Knoxville
[where the clinic is located], don't take her to a place in Chattanooga
[where Vise lived], because they don't know anything about these drugs
there,'" said Samples. "All that's in contravention of the
protocols from the manufacturer and FDA."
Two doctors,
Edgar E. Perry, M.D. and Richard O. Manning, M.D, are also targeted
in the lawsuit, because, according to the complaint, they "are
responsible for attending to the medical needs of the clinic's patients
and ensuring that appropriate care and advice are made available to
the clinic's patients."
Perry was
served the complaint on Aug. 22, according to a spokeswoman for the
Hamilton County Circuit Court, but neither Manning nor the clinic had
been served the complaint as of Friday, Aug. 30. The defendants have
30 days to file a response.
Officials
at the Volunteer Women's Medical Clinic in Knoxville declined to comment
on the pending lawsuit. But according to Samples, the clinic disputes
the allegations made by Vise's boyfriend described in the complaint.
The clinic,
Samples said, claims that it responded to Vise's call for medical advice
by urging her to immediately go to a doctor in her hometown of Chatanooga.
Also, said
Samples, the clinic claims the ultrasound did show a fetus in the uterus,
which would indicate a normal pregnancy.
According
to ACOG, ectopic pregnancies account for just two percent of pregnancies
and nine percent of all pregnancy-related deaths. But the actual number
is probably higher, ACOG believes, because ectopic conditions diagnosed
and treated in physicians' offices are under-reported.
Dr. Steven
Ory, a Florida obstetrician affiliated with ACOG, said that absent specific
clues, doctors do not have a reason to check for ectopic pregnancies.
"Often times there are no early signs for an ectopic," he
said. "We usually direct [diagnostic efforts] to women we recognize
are at risk for an ectopic pregnancy."
At highest
risk are women who have had a previous ectopic pregnancy, anyone who's
had a history of a tubal infection, an inflammatory disease, or other
tubal surgery, Ory said. Infertility also puts women at a little higher
risk of ectopic pregnancy, according to Ory.
"Other
women who [report] abnormal bleeding in early pregnancy or pain would
be at high risk," said Ory. "Those would be the two cardinal
symptoms, bleeding and pain."
If a doctor
performs an ultrasound and no fetus is visible, as the Vise lawsuit
alleges, "the most probable diagnosis [is] that the patient has
a pregnancy in the uterus that's not developing normally," said
Ory. "There's placental tissue ... making the pregnancy hormones;
it's growing to a certain point, but there's no baby associated with
that."
Under those
conditions, Ory said, his first guess would not be an ectopic pregnancy
but, rather, some other abnormal form of pregnancy. However, if a subsequent
hormone test showed pregnancy and an ultrasound failed to show a fetus
within 35 days after the last menstrual period, "the absence of
that would suggest an ectopic."
Dr. Beverly
Winikoff, director of reproductive health for the Population Council,
the group that spearheaded the effort to gain FDA approval of RU-486,
said she knows of no problems experienced by doctors at abortion clinics
in diagnosing ectopic pregnancies before administering RU-486.
Winikoff
estimates that about 100,000 American women have used Mifepristone so
far, and since ectopic pregnancies account for one to two percent of
all pregnancies, "in theory you would say that would be between
100 and 200 ectopics" among women seeking chemical abortions. "So
all the others were either caught or dealt with properly," she
said.
"You
can see that not much is going wrong because you would expect 100 to
200 such cases that came from Mifepristone, and you haven't heard of
100 to 200 disasters; you've heard of one," said Winikoff.
The effects
of RU-486 are ordinarily felt very soon after taking the drug, Winikoff
said, and it is not normal for pain and bleeding to begin several days
after the drug is taken.
If that happens,
"it's very easy to figure out that something is wrong," she
said. "And then it depends on the diagnostic skill of the clinic.
If you figure it out wrong, that's a problem; that means your competence
is not very high."
As per FDA
regulations, said Winikoff, physicians prescribing RU-486 must certify
that they understand ectopic pregnancies and know how to diagnose them.
The suit
against the Volunteer Women's Medical Clinic is seeking $5 million in
compensatory damages and $10 million in punitive damages "to deter
defendants from further acts of gross or wanton negligence."
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