First
Case Linking Abortion-Breast Cancer Settled
By Patrick Goodenough
CNSNews.com Pacific Rim Bureau Chief
January 04, 2002
Pacific Rim
Bureau (CNSNews.com) - In what may be the first case of its kind in
the world, an Australian woman has reached a settlement with an abortionist
whom she had sued for not telling her about research findings linking
abortion to breast cancer.
The information
was disclosed during a recent legislative session in the state of Tasmania,
where lawmakers were debating abortion legislation. Attorney Charles
Francis warned the legislature about the risk of future litigation against
doctors who perform abortions.
Francis has
represented several women suing abortionists for not warning them of
the possible psychiatric consequences of abortion.
Last year,
he represented a woman who included in her psychiatric damage lawsuit
the additional failure to warn of an increased risk of breast cancer
caused by abortion.
The landmark
case was settled out of court, Francis said by phone from the state
of Victoria Friday.
His client
cannot be identified because of a confidentiality clause in the settlement,
he said, but he believed it to be the first case of its kind anywhere.
Another, similar case was pending in the neighboring state of New South
Wales, he added.
While preparing
the cases, Francis said, "I had to go into all the evidence and
the expert medical views for the purpose of presenting the case. It
seemed to me, looking at it as a lawyer looking at evidence, the evidence
was fairly strong - certainly strong enough, we thought, for [us to
have] a good chance at winning."
Francis said
there was no indication one way or the other that the doctor had decided
to settle because he was worried about the cancer link claim.
Still, the
doctor had not insisted that the cancer link claim be dropped before
agreeing to settle.
"My
impression is there is a good deal of reluctance to see this litigated
in public. Often you have conflicting medical views [in court cases].
Doctors are called, give differing evidence and then the court decides
what it thinks it the most likely situation."
The question
of a link between abortion and breast cancer is a major source of contention
between pro-life and pro-abortion campaigners. Each side points to research
it claims backs its stance, questions the methodology of the other's
research, and accuses the opposition of using the issue to promote its
cause.
According
to the U.S.-based Coalition on Abortion/Breast Cancer, 27 out of 35
studies published since 1957 have found a link.
Groups advocating
abortion, backed up by some leading medical bodies, deny that such a
link exists.
Karen Malec,
president of the Coalition on Abortion/Breast Cancer, welcomed news
of the Australian settlement.
"The
abortion industry and its medical experts know that it will be far more
challenging for them to lie to women about the abortion-breast cancer
research when they are called upon to testify under oath," she
said in a statement.
"Scientists
know that abortion causes breast cancer but are afraid to say so publicly
in today's hostile political climate."
Dr. Joel
Brind, president of the Breast Cancer Prevention Institute, is regarded
by the coalition as a leading authority on the abortion-breast cancer
link.
He believes
there is a 30 percent overall increased risk of breast cancer after
having an abortion, and an 80 percent increased risk for women with
a family history of cancer.
Summarizing
Brind's argument, Francis explained that upon conception, the level
of estrogen in a woman's body increases dramatically. This results in
the development of undifferentiated cells in the breast, which pose
an additional cancer risk.
Late in the
pregnancy, these cells become milk-producing cells, cease posing a greater
cancer risk, and in fact provide added protection against cancer.
If a woman
has an abortion before that stage - and the vast majority of abortions
would occur before then - her body is left with a high number of undifferentiated
cells which increase the risk of her contracting breast cancer, it is
argued.
Francis said
a woman who suffers a miscarriage well into a pregnancy - in a motor
accident, for example - would face the same risk. However, in cases
where a spontaneous, early miscarriage occurs, the woman would not have
had the surge in estrogen in the first place, and therefore would not
face the additional cancer risk.
The U.S.
National Cancer Institute, the American Cancer Society, and the Royal
College of Obstetricians and Gynecologists in Britain are among those
who argue that there is no need to tell a woman considering an abortion
that there may be an increased risk of breast cancer. Doing so would
only add to the woman's anxiety at an already stressful time, representatives
have said.
Brind and
others have slammed the approach as "paternalistic."
"There
is no other issue than abortion that would be so immune from the concept
of informed consent," Brind was quoted as saying last month.
A court in
Fargo, North Dakota will hear a case in March in which a woman is suing
an abortion clinic for allegedly misleading women to believe there is
no link between abortion and breast cancer.
Plaintiff
Amy Jo Mattson says pamphlets distributed by the Red River Women's Clinic
quote the National Cancer Institute as saying there is no evidence of
a direct relationship between breast cancer and abortion or miscarriage.
"None
of [the claims of a link] are supported by medical research or established
medical organizations," the pamphlets reportedly stated.
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