[Congressional Record Volume 144, Number 93 (Tuesday, July 14, 1998)]
[Senate]
[Page S8151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         PARTIAL BIRTH ABORTION

 Mr. ABRAHAM. Mr. President, a recent, near-tragic incident has 
come to my attention; an incident which in my view casts significant 
light on the debate over partial birth abortion.
  According to the Associated Press, on June 30 of this year Dr. John 
Biskind delivered a full-term baby girl. Unfortunately, this little 
girl was almost killed. She suffered cuts to her face and a skull 
fracture. Officials have refused to comment on her condition. She is 
scheduled to be adopted by a Texas couple, so it is my hope that she 
will experience a full recovery.
  But we should not lose track of the cause of her injuries: Dr. 
Biskind attempted to perform a partial birth abortion. The 17 year-old 
mother had come to Dr. Biskind's A-Z Women's Center seeking an 
abortion. The clinic performed an ultrasound, determining that what 
they had here was a 23.6 week fetus, and determined to perform a 
partial birth abortion.
  Dr. Biskind thought he was performing this inhuman procedure on a 
fetus two thirds of the way to term. That would be bad enough. But in 
fact Dr. Biskind's clinic made an unbelievable mistake in the 
ultrasound. The girl actually was approaching full term. And Dr. 
Biskind did not realize this fact until he already had begun aborting 
her.
  This is astounding, Mr. President. According to Dr. Carolyn Gerster, 
a Phoenix physician and chairman of Arizona Right to Life, a 24-week-
old fetus weighs an average of 2 pounds, whereas a 36 week-old fetus 
weighs about 6 and a half pounds. As Dr. Gerster commented, ``I don't 
know how such a grave error could be made in estimating the size. There 
shouldn't be that kind of discrepancy in an ultrasound. It's 
horrendous.''
  Horrendous indeed, Mr. President. But this was not the first 
horrendous mistake made by this abortionist. Dr. Biskind was censured 
by the medical board in 1996 when a patient bled to death after 
undergoing an abortion. He also was reprimanded in 1989 for 
misdiagnosis or mistreatment of a patient, and in 1990 for improperly 
prescribing drugs. A similar complaint was dismissed in 1994.
  This incident, and Dr. Biskind's deplorable record as a physician, 
cast on ugly light on an unfortunate procedure. Too many women in 
America are being subjected to partial birth abortions. Whatever one's 
views on the abortion issue itself, and I am strongly pro-life, there 
is no basis for defending partial birth abortion. The procedure is 
never, let me emphasize that Mr. President, never necessary for the 
life or health of the mother. It is in fact an unnecessarily dangerous 
procedure that increases the chance of physical harm to the mother, and 
which most reputable doctors refuse to even consider performing.
  Defenders of partial birth abortion have relied on a number of 
untruths, including the false story that the procedure is performed 
only in rare occasions. We now know, Mr. President, that that just 
isn't so. We also know that there are abortionists like Dr. Biskind out 
there who let their patients bleed to death and who allow an ultrasound 
in their clinic to be botched so badly that they almost kill a fully 
formed baby girl.
  It is time to shut down clinics like Dr. Biskind's. If defenders of 
abortion rights are really serious about defending women's health, they 
should join with me and those of my colleagues who have sought to ban 
partial birth abortion. They also should fight with me to keep women 
from having to undergo any kind of abortion.
  Clearly, Mr. President, America is not doing enough for her expectant 
mothers. Too many are abandoned by their husbands, boyfriends, and 
families in their time of special need. Too many feel alone and 
powerless in the face of an unexpected pregnancy. Too many fall into 
the hands of the Dr. Biskind's of this world because they have not been 
fully informed of their options, including the availability of loving 
couples like the one that is adopting the girl Dr. Biskind almost 
aborted.
  I intend to work as hard as I can, Mr. President, to bring practices 
like Dr. Biskind's to an end. It is long past time, in my view, for us 
to overturn President Clinton's veto of the ban on partial birth 
abortion. It also is long past time for us to make women more aware of 
the adoption option as we seek to make the better choice--the choice of 
life--easier to make.
  Mr. President, I ask that the full text of the associated press 
story, as it appears in the Washington Times, be printed in the Record.
  The article follows:

            [From The Washington Times, Fri., July 10, 1998]

    Abortion Aborted For Birth of Girl--Fetus' Age was Miscalculated

       Phoenix (AP)--A doctor performing a partial-birth abortion 
     on what he says he thought was a 23-week fetus realized in 
     the middle of the procedure that the pregnancy was much 
     further along and instead delivered a full-term baby.
       Police and the Arizona Board of Medical Examiners are 
     investigating Dr. John Biskind and the June 30 birth at A-Z 
     Women's Center, which terminates pregnancies through the 24th 
     week.
       ``At this point, it doesn't appear anybody will be charged 
     with anything,'' Sgt. Mike Torres said.
       The 6-pound, 2-ounce girl suffered a skull fracture and 
     cuts on her face and remained hospitalized yesterday. 
     Officials refused to comment on her condition. A Texas couple 
     plans to adopt the girl, authorities said.
       The 17-year-old mother went to the clinic June 29 seeking 
     to undergo a procedure in which the doctor delivers a fetus 
     feet first up to its neck, punches a hole into its skull and 
     sucks out its brain through a tube, killing the child.
       Ultrasound testing at the clinic determined her fetus was 
     23.6 weeks' developed, the doctor said.
       During the procedure the next day, Dr. Biskind realized the 
     pregnancy was much further along, halted the abortion and 
     delivered the infant, police said.
       A woman who answered the phone at the abortion clinic said 
     Dr. Biskind had no comment. ``We're dealing with the police 
     on this,'' said the woman, who would not give her name.
       Police and the Maricopa County Attorney's Office are 
     investigating to determine whether a crime was committed.
       Dr. Carolyn Gerster, a Phoenix physician who is chairwoman 
     of Arizona Right to Life, said the average weight for a 24-
     week fetus is about 2 pounds and about 6\1/2\ pounds at 36 
     weeks.
       ``I don't know how such a grave error could be made in 
     estimating the size,'' she said. ``There shouldn't be that 
     kind of discrepancy in an ultrasound. It's horrendous.''
       The medical board censured Dr. Biskind in 1996 after a 
     patient bled to death following an abortion. The patient's 
     family has a lawsuit pending against him.
       He also was reprimanded in 1989 for misdiagnosis or 
     mistreatment of a patient and for improperly prescribing 
     drugs in 1990. A similar complaint was dismissed in 
     1994.

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