Now Sterile Mother Sues After Abortionist Leaves Baby’s Skull Bone Inside Womb During Dismemberment

Photo Credit: Jess Lis
Photo Credit: Jess Lis

BOULDER, Co. — A mother who obtained an abortion in 2013 after learning that her child had “cerebral abnormalities” has filed a negligence lawsuit against the abortionist for leaving a piece of the baby’s skull inside her womb which resulted in a total hysterectomy—leaving her unable to bear children for the rest of her life.

Jennifer DeBuhr and her husband, Jason, are seeking over $75,000 in damages from Boulder abortionist Warren Hern over the matter.

According to the lawsuit, DeBuhr was nearing the end of her second trimester when tests from Methodist Women’s Hospital in Elkhorn, Nebraska revealed that her baby had cerebral abnormalities. She was told that the child would not likely live longer than one year.

The DeBuhrs decided to obtain an abortion, but since Jennifer was nearing the third trimester, she could not obtain a late-term abortion in her home state of Nebraska. The couple decided to go to the Boulder Abortion Clinic and scheduled an appointment for Dec. 3, 2013.

“Dr. Hern used an ultrasound to find the location of the fetus’ heart. Dr. Hern then inserted a syringe containing medication into Jennifer’s belly and into the fetus’ heart in order to stop the heart,” the lawsuit explains.

The following day, staff inserted laminaria to dilate DeBuhr’s cervix and did so again the next day. On Dec. 6, DeBuhr began vomiting and was instructed to come in to the abortion facility earlier than her scheduled appointment.

Althugh Hern and his staff were unable to dilate DeBuhr sufficiently, he decided to proceed with the dilation and extraction (D&E) procedure, which is commonly used in second trimester abortions. During the procedure, the abortionist removes the child piece by piece and reassembles his or her body on a tray.

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“Jennifer could feel a lot of pulling from the lower half of her body all the way up to her chest,” the lawsuit outlines. “Jennifer experienced intense pain, and as a result of this pain, at some point during the procedure, she blacked out.”

She was later released and returned back home to Nebraska, but months later, DeBuhr began bleeding abnormally. Her gynecologist, Dr. Mark Carlson, ordered an ultrasound, which showed an object cutting into her uterus. He ordered surgery to remove the object, but was unable to do so, and ended up having to perform a hysterectomy, leaving her unable to bear children ever again.

“The object was tested and it was determined to be a fragment of bone, the shape of which was consistent with the curved portion of a fetus skull,” the lawsuit explains.

DeBuhr says that the situation traumatized her and is seeking damages, plus costs and attorneys fees.

“As a direct and proximate result of the Defendants’ negligence, Plaintiff Jennifer DeBuhr suffered severe and permanent physical and mental injuries as a result of the lack of appropriate or adequate treatment for her medical needs, including but not limited to vaginal bleeding, surgery to remove her uterus, and, severe pain, stress, and anxiety,” the lawsuit outlines.

“Plaintiff Jennifer DeBuhr has suffered damages including permanent injury, disability or impairment to Plaintiff’s body; loss of her ability to conceive children; and physical pain and mental suffering endured in the past and reasonably certain to be experienced in the future,” it says.

According to reports, abortionist Hern is one of the leading authorities on abortion, and invented tools such as the “Hern forceps,” which are used to remove the child from the uterus. He opened the Boulder Abortion Clinic in 1973.


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