ARTICLES

An Appalling Tragedy

Catholic Hospitals and Late-Term Abortion

BY MARIA KENNEDY

Are Catholic hospitals performing late term abortions? Jill Stanek, writing in the September 14 Illinois Leader, outlined reporter Tom Szyszkiewicz's claim that some Catholic hospitals, including some in California, are performing induced labor abortions. This has led some to wonder whether or not Catholic hospitals are using the euphemism of "induced labor" (a term drawn from the United States Conference of Catholic Bishops's Ethical and Religious Directives for Catholic Health Care Services) to hide the fact that they are killing babies.

According to Szyszkiewicz, Catholic hospitals wait until babies are at 23 to 26 weeks gestation -- when they are "viable" -- to abort them. In this way, the hospitals can say they are not performing abortions at all, but inducing labor.

Dan Boyle, communications director for Providence Saint Joseph in Burbank, a part of the Providence Health System network that has four hospitals in California, told this reporter that he had read Stanek's column. Boyle said he had called Providence's corporate headquarters in Seattle for directions on how to respond to any media calls regarding the story. Providence Health Systems issued a statement, which even Boyle called "vague." The statement says that Providence Health System "follow[s] the Ethical and Religious Directives for Catholic Health Care Services, approved by the Vatican in Rome for use in the United States. In individual cases where difficult decisions regarding such issues as early induction during pregnancy occur in a Providence hospital, an ethical review process is undertaken at the institutional level to assure that practices are consistent with the Ethical and Religious Directives. As concerned providers of care we realize that women and families in this situation are suffering greatly. We strive to extend to them respectful, compassionate care throughout a very difficult decision-making process."

When this reporter pressed Boyle on whether or not late term abortions were performed at Providence hospitals in the San Fernando Valley, he said, "I did check with our corporate headquarters, and I'm very limited in what I can say." According to Boyle, "this procedure is done rarely; it's a private procedure. If this procedure is necessary, we conduct an ethical review to make sure we are in compliance with the Ethical and Religious Directives."

Boyle seemed uncomfortable with the questioning. When this reporter again asked him if the procedure was performed at Providence hospitals, he replied. "these are very difficult issues. I am very limited in what I can say." When asked if the hospital was in compliance with the federal Born Alive Infants Protection Act, which requires medical personnel to render assistance to babies who survive an abortion, Boyle replied that the hospital follows the Ethical and Religious Directives. When told that the Born Alive Infants Protection Act is a federal law, Boyle admitted that he was not sure, but that the hospital follows all laws. With regards to Stanek's column, Boyle said, "I can tell you that those statements are completely erroneous. Ethical issues can become sticky at times."

Stanek, who worked closely with Pennsylvania senator Rick Santorum to pass the Born Alive Infants Protection Act, said she was surprised that Providence would allow this procedure. "What they are doing is very strange," she told this reporter. "Most hospitals try to avoid legal problems. They are saying it's not an abortion; they say they are preserving the mother's health. But if they are inducing labor, after the baby is born they are mandated to assist those babies as they would a wanted baby."

When this reporter contacted Senator Santorum's office regarding the abortion procedure being carried out at Providence Health System, his staff said they would look into whether or not the health system was violating federal law in their induced abortion procedures. Christine Shott of Senator Santorum's office said, however, that any violations of the statute would have to be enforced at the local level. "The act itself insures that any child that is born alive is a person under the Constitution. Any violation falls under the local level. Someone at the local level would have to enforce it."

In spite of repeatedly stating that Providence Health System follows the law, Boyle admitted that he was not familiar with the federal statute. When asked about the care unwanted infants receive after being aborted by labor induction, he said he would have to find out. After Boyle admitted he could not find a copy of the federal statute, he asked this reporter to fax a copy of the statute to him.

After consulting with the hospital's legislative affairs department and reviewing the statute, Boyle said that the hospital was not violating federal law. Boyle insisted that the babies are given comfort care until they die. But Stanek continues to hold that by performing this abortion procedure, which results in the birth of a live baby, Providence is in violation of federal law.

Morally, the induced labor abortion technique raises serious questions as to whether or not a Catholic hospital should engage in this practice. Edward Furton, an ethicist with the National Catholic Bioethics Center, said that it was not acceptable from a Catholic viewpoint to induce labor prematurely in order to speed the demise of a handicapped child. "Oftentimes it is done to avoid the psychological distress to the mother. It's not acceptable to kill someone to make someone else feel better."

Stanek, however, quoted Szyszkiewicz that a theologian with the U.S. bishops' doctrinal office, James LeGrys, "said the mental health of the mother 'is a reason' to perform early induction." But LeGrys told this reporter, "the idea that the bishops condone abortion is not true. I did not say that mental health is a reason for an early induction of labor." LeGrys pointed out that he never spoke to Stanek but was misquoted from another article. "Early induction of labor which results in the death of the child is never acceptable," said LeGrys. When asked how the Directives were enforced, Le Grys said that it was up to the local bishop to enforce the Directives. "How they are applied is up to the local level. It's up to the local bishop to implement the guidelines," he said. LeGrys concluded that he never implied that abortion was allowed. "No, no, no, the Bishops' Conference does not condone abortion," he said.

One pro-life activist (who asked not to be named) pointed out the irony that even the permissive abortion laws in the United States are more restrictive in the area of late term abortions than is Providence Health System. Alluding to Pope John Paul II's book, Crossing the Threshold of Hope, this pro-life activist noted, "in this situation, we're crossing the 'Threshold of Despair.'"

At Boyle's suggestion, this reporter contacted Tod Tamberg, media spokesman for the Los Angeles archdiocese. When questioned about whether or not Providence Health Systems was performing induced labor abortions, Tamberg demanded that this reporter produce documentation that the procedure is being performed at Providence Health. "Where is the documentation?" Tamberg demanded. "I've been a reporter, I've been a newspaper editor, I want documentation to show that you are not just concocting a story!" When told that Boyle had admitted that the induced labor procedure is performed at Providence, Tamberg said that wasn't sufficient. "Do you have any type of documentation! This is the only way I will comment on this!" he demanded.

Bradley Mattes, executive director of the Life Issues Institute, said he was shocked that these procedures are carried out at Catholic hospitals. "I think it is an appalling tragedy that the Catholic Church would allow these gruesome deaths to occur in violation of federal law."

Two other California hospitals in the Providence Health System chain, Little Company of Mary Torrance and Little Company of Mary Long Beach, did not return calls for comment on whether or not they also perform labor induced abortions at their facilities.

When this reporter called Saint Agnes Medical Center in Fresno, the maternity department said that it will not perform an early induction of labor abortion, "We wouldn't do this here, we are a Catholic hospital," a woman named Jennifer said. Similarly, a nurse at Seton Medical Center in Daly City said it was not set up to induce prematurely the labor of a woman carrying a handicapped baby. "Try California Pacific Medical Center," a woman who identified herself as Cora suggested.

At Saint Rose hospital in Hayward, the maternity nurse who answered the phone said the hospital would not induce the labor of a woman carrying a baby with a genetic problem. "If the baby is alive, we would not do this," she said. The nurse noted that Saint Rose is a Catholic hospital and so does not perform the procedure in question. The maternity department at St. Joseph Hospital in Santa Rosa admitted that there have been cases where labor is induced on a pre-born infant who has a genetic problem. "We have done this here. It's really up to your doctor. The matter [of labor induction] may go before an ethics committee." This reporter then called the diocese of Santa Rosa's Respect Life office, but no one was available for comment.

Tricia Griffin of the San Francisco-based Catholic Health Care West's public affairs department said that she did not believe that Catholic Health Care West hospitals performed the procedure. In spite of promising to confirm her initial response, Griffin did not follow up. When this reporter called Griffin again, she promised she would speak with their staff ethicist, but I received no further response. Catholic Healthcare West has hospitals throughout California, including St. Mary's Medical Center in San Francisco.

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