Lawsuit against illegally operating Birmingham abortion center continues

The state of Alabama is moving forward with its charges against notorious Birmingham abortion center New Woman All Women, which has been operating illegally despite being ordered by the Alabama Department of Public Health to close after it sent two women to the hospital in one day.  The state is suing New Woman All Women for acting as an abortion provider without a license after pro-life activists demanded the Department of Public Health take action.  Yesterday, New Woman All Women owner Diane Derzis and her attorneys withdrew their motion to dismiss the case against New Woman All Women, and Judge Joseph Boohaker ruled to expedite the hearing against the infamous abortion center, which will be held on August 5, 2013.  New Woman All Women’s motion to dismiss had claimed that the Alabama Department of Public Health had no jurisdiction to enforce health and safety rules.

Dana Cody, Life Legal Defense Foundation Executive Director, said, “Life Legal Defense Foundation was instrumental in getting this clinic closed for health code violations a year ago, and has now requested that the Alabama Department of Public Health enforce its own rules by issuing an emergency administrative order of closure against the illegal clinic.  Clinic owner Diane Derzis and abortionist Bruce Norman are deliberately violating the law through operation of this clinic, and it ought to be closed immediately.”

The state is pressing charges against All Women’s Inc., of which the lawsuit lists Derzis as the president, doing business as New Woman All Women’s Health.  Abortionist Bruce Norman and secretary of All Women’s Inc. Patrick Smith are also defendants.

In March 2012, the health department issued a 76-page deficiency report about the conditions at New Woman All Women and in April 2012, the health department announced that New Woman All Women had been ordered to surrender its license by no later than May 18, 2012.  The deficiencies included inadequately trained staff; failure to have policy and procedures related to medication errors and the administration of medications, which resulted in the hospitalization of three abortion patients, one of whom was placed in the ICU; no documentation indicating that Derzis’ two abortionists were even licensed to perform abortions; inadequate preparation and administration of drugs, which led to overdoses and inadequate pain management; and use of uninspected equipment.

Derzis, known as the “abortion queen” in the Southeast for owning Mississippi’s only abortion facility, and abortionist Bruce Norman—who also works at Derzis’ Mississippi abortion business—were ordered last year not to have any involvement with New Woman All Women.

Pro-life leaders in Alabama were pleased with the results of yesterday’s hearing.  Father Terry Gensemer, director of the Charismatic Episcopal Church for Life said the decision “gave the Alabama Department of Public Health a wide open door for shutting down Derzis’ back-alley abortion mill.  I truly pray that the Alabama Department of Public Health uses this opportunity to preserve the lives of Alabama women and children and close the doors of this facility for good.”

“I just want to make sure this place stays closed because it hurts women,” Kim Philpot of Birmingham 40 Days for Life said.