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Posts Tagged ‘Judge Franklin R. Theis’

Past Board director enabled Neuhaus

Past Board director, Larry Buening, enabled Neuhaus

The Kansas State Healing Arts Board voted unanimously Friday evening to appeal the March 7 district court ruling overturning its July 2012 license revocation of former abortionist Ann Kristin (Kris) Neuhaus.

After nine-months’ reflection, Judge Franklin R. Theis issued a very pro-abortion ruling, sending the issue back to the Board for “review,” opining that it was wrong to take away Neuhaus’ license.

Neuhaus does not have a current Kansas license to practice medicine, even in a restricted manner, but this ruling allows her to apply for one—though it is exceedingly doubtful the Board would approve it.

Neuhaus lost her license for repeatedly breaking the state rules on medical record-keeping and patient exams. Specifically, she had issued the required ‘validation’ for third-trimester abortions for 11 young teens in 2003 under the claim that the girls would otherwise suffer “irreparable and sustainable” mental harm. (read more here)

Those 11 cases originated in medical files that had been acquired by then-Kansas Attorney General, Phill Kline. Kline had obtained the records in an attempt (thwarted under then-Gov. Kathleen Sebelius and the state Supreme Court) to prosecute the late George Tiller for abusing the law on exceptions to the Kansas ban on post-viability abortions.

Judge Theis ruled, “there is not sufficient proof to support the board’s findings of ‘professional incompetency’…based on Neuhaus’ failure to maintain adequate records to support the diagnosis.” Instead, he

opined that the Board had, in essence, ‘over-punished’ Neuhaus for “being sloppy,” taking “short cuts,” and showing “inconsistent attention to proper protocols.”

Excuse me, Judge, but not being able to find evidence of the nature of the patient’s problems from Neuhaus’ own scanty notations and checkbox-formatted computer printouts IS the point!

The administrative court opinion (upholding the Board’s complaint) ruled there was no evidence “of any examination nor…of what transpired between the patient and licensee [Neuhaus].” Yet this was supposedly a ‘referral’ by a second, so-called independent, doctor that an abortion was the recommended solution to an irreversible mental health problem.

Obviously, the Board believes it more than ‘made its case’ and will not ‘rethink’ its sanction. In a quickly convened, 22-minute meeting conducted by phone Friday evening (with discussion by the members closed to the public), the Board chose to get Theis’ ruling voided through an appeal to the state court of appeals.

Frankly, the corrupt, past Healing Arts Board Executive Director, Larry Buening, is squarely to blame for Neuhaus, and enabling the illegal abortions of thousands of viable unborn children.

According to 2009 court testimony, Buening helped Wichita abortionist Tiller find a Kansas licensed doctor willing to ‘rubber stamp’ post-viability abortions as being authorized under a mental health exemption. Buening recommended Neuhaus, and helped steer the Board to allow her to keep her license after she had lost federal drug privileges and been found repeatedly unable to properly evaluate, examine, monitor and discharge patients.

But this well-documented pattern of Neuhaus’ inability to do the bare essentials of medical intake was downplayed by Theis. Other errors in this wrong-headed ruling will be further examined in an upcoming post.

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Failed Neuhaus

Kris Neuhaus

Late Friday, Shawnee County District Judge Franklin R. Theis quietly issued a ruling in favor of former abortionist Ann Kristen (Kris) Neuhaus, overturning the State Healing Arts Board’s July 2012 revocation of her license and wiping out her $93,000.00 debt of assessed court costs. (Note, Neuhaus has already achieved $63,000.00 to pay that debt, pledged here.)

Neuhaus’ license was revoked for negligence and failing to meet the standard of care in eleven cases in 2003, in which she had “approved” young teens  to obtain post-viability abortions from the late George Tiller in Wichita, on grounds that –without those abortions–they would suffer irreversible mental harm. (see more info herehere, and here)

The Board’s revocation case had gone to trial under administrative law judge Edward Gashler, who ruled that Neuhaus had demonstrably failed to keep accurate and complete medical records, as required by law.

Neuhaus’ inability to practice medicine was long documented in her disciplinary history, first with limitations in 1999 due to “failure to maintain complete and accurate records.” Soon after, the Board found in 2000 and 2001 that Neuhaus violated the standard of care due to “no focused physical examination,” failure in “ monitoring vital signs”, and “no anesthesia record”—actions the Board said “create a danger to the public.”

While Theis upheld Neuhaus’ record-keeping failure, he overturned Gashler’s assessment that Neuhaus had “seriously jeopardized” patients’ care with inadequate mental health exams. Theis sent the case back to the State Healing Arts Board for review.

As reported by the Associated Press, executive director, Kathleen Lippert Seltzer, said the Board will meet within the month to decide whether to rehear the case or instead, file an appeal of Theis’ decision.
(UPDATE Mar. 14: Board  unanimously agreed to appeal Thies’ ruling; see AP story)

AP also quoted Bob Eye, one of Neuhaus’ attorneys, as saying Theis’ ruling is “pretty consistent” with their arguments.  Gee, what a surprise—Theis is on their side?

ABORTION LAWYER SAVES JUDGE
Eye’s former law partner, Planned Parenthood counsel Pedro Irigonegaray, orchestrated (and helped fund) a successful last-minute rescue of Theis’ job in 2004. This was a response to an ad hoc group of Shawnee County citizens who were justifiably outraged at Theis’ leniency to child molesters in three cases and sought his defeat.  However, with the help of Irigonegaray and attorney donations for TV and radio ads, Theis eked out a narrow 51% victory. (read more here and here)

Pro-lifers are infuriated that this same Judge Theis has been “sitting on” another Kansas abortion lawsuit, brought against the Kansas 2011 abortion clinic regulation law. Theis has indefensibly allowed NO ACTION to proceed in this lawsuit brought by the Overland Park abortion duo of Herb Hodes and daughter Traci Nauser. The 2011 law—which is not in effect to Theis’ stubborn inaction for over two years—would:

  • create licensure standards for abortion businesses with requisite hospital privileges;
  • allow Health department inspections, including one annual unannounced visit;
  • mandate reporting of abortion-caused injuries;
  • insure chemical abortions are administered in person (not via “webcam”).

Kansans for Life has prioritized educating pro-lifers about the dire need for reforming the judicial nominating procedure in our state, to be more reflective of the Kansas public and less a tool of the abortion industry.  Judge Franklin Theis is a prime example of the need for such reform.

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Kris Neuhaus

The Kansas state Board of Healing Arts will likely never be repaid the $93,000.00 it already spent revoking the medical license of abortionist Kris Neuhaus. And it’s hard to believe the ongoing expenses of the district court and the Board involved in her appeal will ever be reimbursed either.

The protracted medical license revocation action against Neuhaus was based on ‘psych referrals’ she made for 11 teens receiving late-term Wichita abortions in 2003. The Board spent $75,000.00 for expert testimony and review of Neuhaus’ records for those cases, finding that she failed in multiple ways to meet medical standards.

District Judge Franklin Theis is presiding over Neuhaus’ appeal of that revocation, which is in the initial stages. The Board issued its final revocation order July 5, 2012, allowing a delay in repayment, but then asked the court to enforce the Board’s right to require a bond. This was the only time in Theis’ memory, he said, that the Board had asked for a bond in this kind of proceeding.

Abortion attorneys argue Neuhaus is impoverished and would not be able to pay the $93,000.00 “in the foreseeable future.”

They said she could only afford a bond of $100, which Judge Theis said “would be a joke.”

Theis then ruled that Neuhaus merely “sign a statement saying she’ll pay any judgment imposed by the courts.”

Neuhaus was uncovered in 2006 as the sole source of second opinions for abortions performed after viability by George Tiller. Under the law, totally “independent” referrals would give proof that the abortion was needed to prevent irreversible and substantial bodily damage- or death– to the mother. Although Tiller escaped a misdemeanor conviction in March 2009 for repeatedly using Neuhaus’ services, the Healing Board proceeded with license revocation filings for Tiller until his murder in May 2009.

Although the Board has regrettably taken no disciplinary actions against other physician associates of Tiller who also used Neuhaus’ referrals, they did proceed with revocation against Neuhaus –a licensee they twice officially called “a danger to the public” and first began to discipline fifteen years ago. (see Neuhaus Board history here)

Neuhaus has no viable medical practice and for the last few years held a strictly limited license until it was revoked. According to sworn testimony, she has worked at a variety of part time positions including a blood bank, laser hair removal salon and an indigent clinic. Yet, under a “due process” claim, she will continue to eat up Court and Board expenses during an appeal process for which she has virtually no chance of winning.

The awful irony is that the court is bending over backward to give Neuhaus the due process that thousands of children and their mothers were denied in Kansas clinics.

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UPDATE, May 18:  Court denies abortion attorney fees.
Abortion supporters, including the Wichita Eagle editorial staff (here, here, here, here, and here and now here) take every opportunity to complain that Kansas tax money is being spent on litigation to uphold pro-life laws enacted in 2011. However, evidence now shows that it is actually abortion clinic attorneys who are trying to cheat taxpayers.

The most recent defense filing from the state of Kansas– in the lawsuit attacking a licensure law upheld in other states– is asking the court to deny any fee award to national and local attorneys for two abortion businesses:  the Center for Women’s Health and Aid for Women.

At issue is a “windfall” for clinic attorneys– according to the State– including over $78,000 for ineligible legal work as well as using indefensible attorney rates of $400 per hour.  All but one of the clinics’ attorneys lack ANY experience in this type of litigation, yet they charged nearly double what attorneys experienced in this specialty would charge- $225 per hour.

State attorneys (including the office of Attorney General Derek Schmidt) demonstrated how the court is being wrongly asked to pay (more…)

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Judge Franklin Theis

Last Thursday, attorneys for the father/daughter abortion team at the Overland Park, Kansas, Center for Women’s Health (CFWH) quietly obtained a restraining order from Judge Franklin R. Theis blocking new Kansas abortion facility rules from going into effect Monday, Nov. 14.

So far, no hearing date is posted on the court website. The filing, #11C-1298 in Shawnee County (Topeka) District Court, also

asked for a preliminary and permanent injunction against the new health department (KDHE) rules and a bench ruling striking them down.

CFWH abortionists, Herb Hodes and Traci Nauser, had obtained a July 1 injunction in federal court against the provisional KDHE abortion facility rules designed to expire Nov. 14.  As is the usual process in Kansas, new laws go into effect with temporary agency rules, allowing a public input period before the permanent rules are enacted.

In the permanent rules, published Oct. 27, KDHE accommodated a few of the abortionists’ complaints.  KDHE expanded the room temperature mandate, shortened the post-op stay, removed minimum room sizes and reduced the number of limited-access restrooms, but that was not enough to keep CFWH from suing.

Among their legal claims, the abortionists assert that the KDHE rules:

  • “are oppressive, unreasonable and arbitrary government interference that would significantly impair, if not altogether eliminate …their existing medical practice”;
  • violate abortionists’ rights, and those of their patients under the Kansas Bill of Rights;
  • perpetuate “the patronizing and paternalistic stereotype that women are in need of special ‘protection’ not needed by men”;
  • allow KDHE access to patients’ complete records “without adequate justification.”

The patient privacy complaint, (more…)

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