ORLANDO, Florida (www.forerunner.com) – James Scott Pendergraft IV, a Florida abortionist who has had his medical license suspended four times, is a respondent in a complaint filed on April 24th, 2012 by the Florida Department of Health. The complaint states that Pendergraft still owes a fine of $121,303.21 stemming from a previous suspension of his license in 2010. The complaint concludes:

WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent’s license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate.

James Pendergraft spent time in federal prison in 2001 for extortion and perjury. He has had his license suspended four times for various reasons including performing late-term abortions in an outpatient facility in violation of Florida law. Now it is possible that the troubled abortionist may have his license permanently revoked.

Last July, Pendergraft was sued for $36.7 million for a 2001 incident in which a botched late-term abortion resulted in a live birth. The baby girl who was born alive was left severely handicapped for life. Since July 2011, Pendergraft’s assets have been subject to numerous garnishments in an attempt to collect some of the money owed from the lawsuit.

Pendergraft is the owner of five still-operating Florida abortion clinics. While on suspension several other abortionists have covered a circuit between his clinics.

James Scott Pendergraft appears at the Orange County, Florida courthouse last July awaiting the jury verdict that awarded a plaintiff $36.7 million. The lawsuit stemmed from a 2001 botched abortion in which a baby girl was born alive and has suffered lifelong handicaps. (Photo credit: Ken Scott)

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See more on the history of James Pendergraft including links to dozens of articles chronicling the history of this troubled abortionist.

Below is the full text of the administrative complaint.

Administrative Complaint

DOH v. James Scott Pedergraft, IV, M.D., Case Number 2010-04621

Petitioner, Department of Health (Department), by and through its undersigned counsel, hereby files this Administrative Complaint before the Board of Medicine against Respondent, James Scott Pendergraft, IV, M.D., and in support thereof alleges:

1. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes.

2. At all times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been issued license number ME 59702.

3. Respondent’s last known address of record is 1103 Lucerne Terrace, Orlando, Florida 32806.

4. On or about January 26, 2010, the Florida Board of Medicine (Board) filed a Final Order (DOH-10-0208-FOF-MQA) in Case Number 2006-05930, which required Respondent to pay a fine of $20,000.00 plus costs of $102,303.21, for a total of $122,303.21, to the Department within 30 days of the date of filing of the Final Order.

5. On or about March 31, 2010, the Department of Health/Compliance Management Unit filed a complaint alleging that Respondent had violated a Final Order of the Board, by failing to pay the fine and costs totaling $121,303.21 by February 26, 2010, 30 days from the date of the filing of the Final Order.

6. On or about August 30, 2010, the Department received a letter from Respondent wherein he requested a detailed extension/payment arrangement. Respondent also submitted a check for $1,000.00 under separate correspondence.

7. Respondent’s request for an extension/payment arrangement was denied since it was made after the case was referred for noncompliance.

8. As of this date, Respondent has failed to pay the fine and costs totaling $121,303.21, required by the Final Order filed on or about January 26, 2010.

9. Section 458.331(1)(x), Florida Statutes (2009), provides that violating a lawful order of the Board or Department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the Department constitutes grounds for discipline by the Board.

10. As of March 13, 2012, Respondent has failed to comply with the Final Order (DOH-10-0208-FOE-MQA) in Case Number 2006-05930, which required Respondent to pay a fine and costs totaling $121,303.21, to the Department within 30 days of the date of filing of the Final Order.

11. Based on the foregoing, Respondent has violated Section 458.331(1)(x), Florida Statutes (2009), by violating a lawful order of the Board previously entered in a disciplinary hearing.

WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent’s license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate.

SIGNED this 20th day of April, 2012
Steven L. Harris, M.D., M.Sc.
Interim State Surgeon General

FILED
DEPARTMENT OF HEALTH
DEPUTY CLERK
ANGEL SANDERS
APRIL 24, 2012