Court allows lawsuit in '92 death of girl, 13, during abortion

june 10, 2005

by steve patterson staff reporter

the mother of a teenager who died while having an abortion in 1992 can sue the chicago clinic where it happened, the illinois court of appeals ruled thursday.

Deanna bell was 13 and nearly six months pregnant when the procedure was performed at the albany medical surgical center.

She died on the last day of a three-day abortion procedure, her attorneys said, because of an overdose of anesthesia administered by the clinic staff.

Her mother, dianne adams, filed a wrongful death lawsuit in 1994 against the clinic at 5086 n. Elston ave., but a jury ruled in favor of the clinic and its california-based owner, family planning associates medical group, five years later.

The appellate court reversed that decision in 2000, claiming a cook county judge wrongfully blocked some evidence from being heard.

Claim 'too much anesthesia'



the suit was refiled in 2004, but clinic attorneys asked the court to dismiss it because so much time had elapsed. Though the family's attorneys blamed the delays on court docketing errors, a judge agreed to throw out the case.

That decision was appealed by the girl's mom, and thursday's appellate court decision reinstates the suit, finding there indeed were clerical errors.

Attorney david myers, who's representing the family with charles hervas, said the case could be reheard by year's end.

Myers said they plan to show deanna got "way too much anesthesia" and it "slowed everything down, including her respiration." "nobody noticed," he said, "until it was too late."

clinic officials declined comment, and their attorney did not return a call.