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New Jersey High Court Says It Will Take Case On Abortion

N.J. Supreme Court to Hear Abortion Case

By Kate Coscarelli / The Star Ledger

The state Supreme Court has agreed to hear a long-running court case about abortion.

A South Bound Brook woman sued her doctor, claiming she did not get enough information when he advised her to end her pregnancy. An appeals panel ruled this spring that the case should go to a jury, but that decision was appealed and now the highest court has agreed to step in.

The woman, Rosa Acuna, is represented by a well-known anti-abortion attorney, Harold Cassidy, who said he welcomed the high court's review. Acuna has fought for 8 1/2 years and wants a trial, he said.

Cassidy said he has another appeal pending before the high court seeking to reinstate Acuna's wrongful-death claim stemming from the abortion.

John Zen Jackson, who represents the physician, Sheldon Turkish, and filed the appeal that the court has now accepted, did not return calls seeking comment.

The state chapter of the American Civil Liberties Union said the case is ripe for review by the Supreme Court.

"If the Appellate Division's decision stands, it would interfere with reproductive freedom by chilling doctors' ability to do their jobs by forcing them to convey particular moral judgments about abortion in order to avoid potential liability," said executive director Deborah Jacobs.

The case has been bouncing around the courts for years.

In 1996, Acuna was a 29-year-old mother of two when Turkish advised her to have an abortion because her pregnancy was complicated by a kidney disorder.

Acuna claims Turkish didn't say her 6- to 7-week fetus was a baby when she asked. She contends he told her: "Don't be stupid, it's just some blood."

The doctor testified he did not remember Acuna asking such a question but would have advised her that a "7-week pregnancy is not a living human being."

A few weeks after the abortion, Acuna had to be hospitalized. According to court papers, nurses told her the physician had "left parts of the baby inside of her." Acuna sued on grounds that she had agreed to the abortion based on "erroneous information."

As is its practice, the Supreme Court's announcement that it would hear the case was just a short notice that did not describe the details of the case. It is not clear when arguments will be scheduled.

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Posted by Editor at July 13, 2006 07:08 AM