Louisiana Right to Life Report:

Institutional Negligence at Delta Clinic in Baton Rouge Leads to Woman Needing Hysterectomy Following Botched Abortion

Owner and Doctors Must Be Held Accountable for Consistent Violations of Health and Safety Regulations

March 15 Incident at Delta Clinic of Baton Rouge: No IV Fluids On Site to Stabilize the Patient

Emergency services were called to the outpatient abortion facility Delta Clinic of Baton Rouge on March 15, 2019, because an abortion patient was bleeding profusely and the facility did not have adequate emergency supplies on hand, such as IV fluids, to stabilize their patient, according to a report obtained through an Open Records Request from the Louisiana Department of Health (LDH).  This incident led to LDH placing the facility under Immediate Jeopardy and fining the facility a number of Class B and Class C violations, resulting in $2,600 in fines.

After the patient was transferred to a Baton Rouge hospital, the complications resulted in the patient requiring a total abdominal hysterectomy and bilateral salpingectomy, removal of both fallopian tubes, for postoperative hemorrhage. Louisiana law requires that Outpatient Abortion Facilities (OAF) have medical equipment and medications for basic life support, including IV fluids, until emergency medical services arrive. The necessary medications were not provided by Delta Clinic, and upon arrival at the hospital, the patient received four units of blood over the course of three days.

July 2018 Survey by LDH of Delta Clinic: Appropriate Nursing Staff “Too Expensive” for Mr. Brinkley

In a previous review of the Delta Clinic in July 2018, LDH found that the facility failed to provide patients with adequate nursing staff. For example, Delta’s “Director of Nursing” only worked on site at Delta four days out of the month. The LDH report indicates that the Medical Director of Delta informed the President of Delta, identified by the Secretary of State’s website as Leroy T. Brinkley, of this situation, but Mr. Brinkley declined to address the problem because “it was too expensive.” Mr. Brinkley was provided with a proposed hiring package but declined to add necessary staffing. Delta Clinic proceeded to perform 10-12 abortions on procedure day until the Department of Health intervened.  

In the same 50-page report, the Department of Health found that their registered nurse failed to ensure that staff kept correct and complete patient records, failing to do annual evaluations of employees and mishandled controlled substances as required by the Louisiana Board of Pharmacy and Drug Enforcement Agency (DEA).  

Delta Clinic: A Gross History of Violating State Law and Regulation

These reports follow many other violations at Delta Clinic over the last 40 years, specifically regarding unsanitary conditions, improper or incomplete record keeping and the use of expired medical supplies. While the doctors performing the abortions have changed, some due to suspended medical licenses, the grotesque state of Delta has not.

• Four affidavits from previous employees at Delta in 1999 reveal in detail some of the issues with sanitation the clinic has had in the past. 
  • One former employee said, “There was also dried up blood on the floor, in the old recliners in the recovery room, and rust on the insides of the surgical trays. The Sydex solution that was used for cold sterilization purposes was hardly ever changed out (even though it clearly says it must be replaced every 30 days).”
  • Another affidavit went into greater detail, “There was no sterile water available in the clinic at any time, and an employee would sometimes have to purchase a jug of distilled water on their own from time to time, just out of desperation. The hoses were used to run from the patient’s vaginal opening to the suction jar. It is a wonder that more women have not contacted Hrv, hepatitis or other infections.”
  • Another added, “The clinic was always filthy on the inside. They seemed to be in constant violation of health laws and sanitary regulations.”
• Deplorable also are the deaths that occurred because of botched abortions at the hands of Delta abortion doctors, including the death of 27-year-old Sheila Hebert in 1984 and Ingar Weber in 1990. Many women have experienced life-altering complications too, similar to the one this year: a lawsuit from the 1980’s alleges that a woman needed a hysterectomy following a botched abortion that perforated her uterus, while another explains that a woman suffered from a lacerated uterus from retained products of conception (fetal leg).
• In 1990, a federal judge fined the facility $337,000 for dispensing drugs without being registered while the doctors were fined $278,000.
• Inspections in the mid-2000’s revealed additional problems with missing parental consent forms, failure of medical personal to document medical exams prior to performing abortions, and allegations that Delta covered up statutory rape. Further confirmation of their violations of state and federal statues are outlined in a 2010 letter from legal council for Alliance Defending Freedom. They refer to these ongoing issues as “flagrant abuse” and urge the Louisiana Secretary of State to suspend their license.
• In 2013, the facility was found to have expired medications in their emergency kit.
• In June of 2017, the facility was found to have failed to timely submit ITOP (Inducted Termination of Pregnancy) forms to the Department of Health in a timely manner as specified by law and regulation.

Leroy Brinkley: Owner of Two Louisiana Abortion Facilities

As stated, Leroy T. Brinkley is the owner and President of Delta Clinic of Baton Rouge.  Mr. Brinkley also owns another outpatient abortion facility, Women’s Health Care Clinic (WHCC) in New Orleans at 2701 General Pershing St, New Orleans, LA 70115.  WHCC also has its history of violations of state law including but not limited to pharmaceutical violations and withholding required information from clients.

Louisiana Right to Life Statement:

Executive Director Benjamin Clapper of Louisiana Right to Life responded to the March 2019 report from LDH:

“It is atrocious that the Delta abortion clinic failed to even have basic medical supplies, such as IV fluids, on site to stabilize this patient during an emergency. Their institutional negligence and commitment to cutting costs and increasing profits at the expense of their patients has unfortunately resulted in serious harmed to a patient’s life. Our thoughts and prayers go out to this patient from March 15.

 Time after time, LDH has fined Delta and Mr. Brinkley for violation of state law and regulation.  But it is clear that the fines are not changing the behavior of Delta and Mr. Brinkley.  His stark admission that health and safety standards, even recommended by his doctor and staff, were “too expensive” places the public in danger.  Delta’s history is exacerbated with the similar history at Mr. Brinkley’s other abortion facility, Women’s Health Care Clinic.

While we understand that Mr. Brinkley would run immediately to federal judges looking for abortion-skewed relief  how long must Louisiana citizens put up with Brinkley’s gross negligance?  The physician allegedly performing abortions that day, Dr. DeGueurce, must be held accountable by the Louisiana Board of Medical Examiners for his gross negligence in not being prepared to meet the emergency needs of surgery.  The Louisiana State Board of Nursing should also examine Delta’s failure to adequately staff its facility.  Delta must be held accountable for their actions as the abortion industry continues to tell America that abortion is safe and that complications do not occur.  But these reports show they do exist, and that the abortion facilities are not focused on health and safety. This is why the state must pass laws, to ensure the health and safety of women.”

Clapper added, “The recent incident also highlights the need for a law we spearheaded in 2014 that is still being litigated requiring doctors at abortion facilities to have admitting privileges at nearby hospitals. Abortion doctors are not above the law and Louisiana women, who are often coerced into abortion, deserve better than the substandard care as found at Delta.”   

Notably, Brinkley previously employed Dr. Kermit Gosnell in his two Delaware abortion clinics where he performed late-term abortion procedures. Gosnell is the Philadelphia abortionist sentenced to two life terms in prison in 2013 after prosecutors found him guilty of killing a woman and three babies born alive during attempted abortions at his clinic, Women’s Medical Center.

Click Here to Read Louisiana Right to Life’s Summary of 3/29 Report

Click Here to Read the Statement of Deficiencies from 3/29

Click Here to Read Louisiana Right to Life’s Summary of July 2018 Report

Click Here to Read the Statement of Deficiencies from July 2018