Many have asked to know more details about the civil lawsuit against abortionist James Scott Pendergraft. Michele Herzog, a local pro-life evangelist, sat in the court room for several days during the trial. Below is her eyewitness testimony of what she observed during the trial.

Last week, I posted a summary of the lawsuit based on information that was gathered by a local pro-life evangelist, Patte Smith, who worked tirelessly to expose Pendergraft in the several years prior to the trial. Now one juror, who admits to being pro-abortion, and several pro-life advocates who witnessed the trial have written their accounts as well. These corroborate Patte Smith’s summary of the case. I will continue to post information on this lawsuit as it becomes available. It is notable that the plaintiff’s attorney and one of the jurors, though pro-abortion, see Pendergraft as a horrific example of a practitioner who has no regard for the well-being of his clients. While it is ironic that the hardest hit against Pendergraft in his sordid career comes from those within his own camp, we have an obligation to use this as an “admission against self-interest” to expose the truth about all child killing. As Michele Herzog correctly states, the victim of this terrible crime is the little girl who was born alive after a botched abortion. We pray that she will receive all the medical care she desperately needs. We also pray for all the pro-abortion advocates who were involved in the trial to come to repentance and saving faith in Jesus Christ.

Civil lawsuit against abortionist James Pendergraft

By Michele Herzog
Pro-Life Action Ministries Orlando

In 2001, while James Scott Pendergraft was in the federal penitentiary, his five abortion mills were open for business as usual. He had made sure everything would be taken care of before leaving for his time in the pen. He handed the second trimester abortions over to abortionist Randall Whitney and the running of the business to medical assistant Ms. Severance, this according to a sworn statement from Pendergraft.

His eloquent internet advertising campaigns continued. His website is what drew a young woman named CH to eventually decide Pendergraft’s abortion mill was the safest center to go to. His site was the only one that had a board certified Ob/Gyn’s name on it. It also seemed to show much concern for the women. This was her final decision, she would have her abortion at the Orlando Women’s Center. What she didn’t know is that this board certified doctor was in the federal pen.

When she arrived she was given RU486, a drug given in earlier pregnancies, not by the doctor, but by a medical assistant. It should never have been given to her since her baby was 22.3 weeks along! After that, every two hours she was given exceedingly high doses of cytotec. According to CH’s attorney, the amount of cytotec exceeded the standard dosage 50 times. There is much controversy over the safety of this drug, many legitimate doctors are refusing to use it because of the dangers. This caused massive labor to happen right away and when CH asked for pain medication she was told by medical assistants to go walk her labor off outside in the parking lot, and if she didn’t like it she could leave. All the while, there was never a doctor present. Abortionist Randall Whitney was conveniently resting at the Travel Lodge waiting for a phone call from one of the medical assistants. This violated Florida state law which states that a doctor must be present for the abortion. Not even nurses were present, only medical assistants.

CH left and went home. She lay on the floor doubling over in labor. She called 911 and they took her to Arnold Palmer, where she delivered the baby. This baby survived the botched abortion. She suffered severe lifetime disabilities from this horrific event. Her daughter, “JH,” is what this whole lawsuit is about, to secure the expenses needed for her life long care. This truly was a crime against humanity!

The jurors were able to see pictures of JH and they were also able to listen to the lies that kept spewing forth out of Pendergraft’s mouth while he was on the stand. He could not answer a simple “yes” or “no.” One of his favorite clichés during the proceedings was, “There is no protocol! There was no protocol!” This was said so he wouldn’t be held accountable for the tradgedy which occurred to little JH. The plaintiff’s attorney even pulled out Pendergraft’s deposition and asked him to read it concerning the “no protocol.” Pendergraft looked the paper over and would never read it, the attorney eventually told Pendergraft, “Let me read it for you!” In the deposition, Pendergraft plainly stated that such and such was his protocol. Lies, one after another!

The jury did not buy the lies, and when the first judgement was handed out on July 21st of $18,737,660.16, the final juror to okay the decision emphatically stated, “Absolutely!”

The jurors were also able to listen to abortionist Randall Whitney’s deposition where he cavalierly stated that babies are delivered in the toilet all the time, many times still alive, wiggling around in the toilet. What he could not say is that he would pick them up out of the toilet and do everything he could to help save the life of a viable child.

During closing arguments to the jury, CH’s attorney was sharp and to the point, “He (Pendergraft) has an abortion dynasty around the state of Florida. He only cares about money, and I say hit him where it hurts!”

And hit him where it hurts is what happened for a total of $36,737,660.16. I thank God I was able to sit in on the court proceedings and witness this final judgment. I would say it was eye-opening. We all know what really goes on in these abortion mills, but to hear the abortionist so coldly explain how they kill the children born alive is so hard to hear and so unbelievable to think that it is allowed in our great nation.

Please pray that justice would completely prevail and Pendergraft’s five abortion mills would be shut down for good!

God Bless,

Michele Herzog
Luke 17:10
Pro-Life Action Ministries
407-230-2557