Motion to Seal (name extension) in Jane Doe v. Meera Shah M.D., Abigail Mensah N.P., Planned Parenthood Hudson Peconic, Inc., a New York Corporation, d/b/a PLANNED PARENTHOOD SPRING VALLEY HEALTH CENTER, AND PLANNED PARENHOOD WHITE PLAINS HEALTH CENTER| Trellis.Law

On January 20, 2021 a Exhibit,Appendix was filed involving a dispute between Jane Doe, and Abigail Mensah N.P., Meera Shah M.D., Planned Parenthood Hudson Peconic, Inc., A New York Corporation, D B A Planned Parenthood Spring Valley Health Center, And Planned Parenhood White Plains Health Center, for Torts - Medical, Dental, or Podiatrist Malpractice in the District Court of Kings County.

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FILED: KINGS COUNTY CLERK 01/20/2021 05:02 PM INDEX NO. 501531/2021
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------------X Index No.:
JANE DOE,
Plaintiff,
-v-

MEERA SHAH, M.D., ABIGAIL MENSAH, N.P.
PLANNED PARENTHOOD HUDSON PECONIC, INC., a SUMMONS
New York Corporation, d/b/a PLANNED PARENTHOOD
SPRING VALLEY HEALTH CENTER, AND PLANNED
PARENTHOOD WHITE PLAINS HEALTH CENTER,

Defendants.
-------------------------------------------------------------------------X

To the above-named Defendants:

You are hereby summoned to answer the complaint in this action and to serve a copy of
your answer or, if the complaint is not served with this summons, to serve a notice of appearance
on the undersigned within 20 days after the service of this summons, exclusive of the day of
service (or within 30 days after the service is complete if this summons is not personally
delivered to you within the State of New York); and in case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded herein.

Kings County is designated as the place of trial. The basis of venue is the county in which
one of the parties resides. The relief sought is monetary damages.

Plaintiff: Jane Doe.

Defendants:

Meera Shah, M.D.
50 North 5th Street, Apt 5ME
Brooklyn, New York 11249

Abigail Mensah, N.P.
Planned Parenthood Spring Valley Health Center
25 Perlman Drive
Spring Valley, New York 10977

Planned Parenthood Hudson Peconic, Inc.
d/b/a Planned Parenthood Spring Valley Health Center
and Planned Parenthood White Plains Health Center
25 Perlman Drive
Spring Valley, New York 10977

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Dated: New York, New York

January 20, 2021

J sep A.Ruta,Esq.
Ruta Soulios 4 Stratis LLP
211 East 43rd St., 24th Fl.
New York, NY 10017

(212) 997-4500
fax (212) 768-0649

Christen E. Civiletto, Esq.
East Amherst, New York 14051

(716) 713-2431

Counsel for Plaint''Jane Doe

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------------X Index No:
JANE DOE,
Plaintiff,

-v-
VERIFIED
COMPLAINT

Jury Trial Demanded
MEERA SHAH, M.D., ABIGAIL MENSAH, N.P.
PLANNED PARENTHOOD HUDSON PECONIC, INC., a
New York Corporation d/b/a PLANNED PARENTHOOD
SPRING VALLEY HEALTH CENTER, AND PLANNED
PARENTHOOD WHITE PLAINS HEALTH CENTER,

Defendants.
-------------------------------------------------------------------------X

Plaintiff, through her attorneys Joseph A. Ruta, Esq., of Ruta Soulios & Stratis LLP, and

Christen E. Civiletto, Esq., allege, upon information and belief, the following:

THE PARTIES

1. Plaintiff Jane Doe is an adult over the age of eighteen and resides in Nauet, New York.

2. Defendant Meera Shah, M.D. is a physician duly licensed to practice medicine in the State

of New York and resides in Kings County, State of New York at all pertinent times alleged

herein.

3. Defendant Abigail Mensah, N.P. is a certified nurse practitioner duly licensed to practice

nursing in the State of New York at all pertinent times alleged herein.

4. Defendant Planned Parenthood Hudson Peconic, Inc (“PPHP”) is a medical care facility

existing under and by virtue of the laws of the State of New York, and a domestic not-for-profit

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corporation, with its principal place of business located at 4 Skyline Drive, Hawthorne, New

York 10532.

5. PPHP operates Planned Parenthood White Plains Health Center located at 175 Tarrytown

Road in White Plains, New York 10607 (“White Plains Center”). The White Plains Center

provides general reproductive health care and abortions, including medication abortion through

70 days of pregnancy, as dated from the first day of a woman’s last menstrual period.

6. PPHP also operates Planned Parenthood Spring Valley Health Center located at 25

Perlman Drive in Spring Valley, New York 10977 (“Spring Valley Center”). The Spring Valley

Center provides general reproductive health care and abortions, including medication abortion

through 70 days of pregnancy, as dated from the first day of a woman’s last menstrual period.

7. Dr. Meera Shah is the Chief Medical Officer for PPHP, which includes the White Plains

Center and the Spring Valley Center. Dr. Shah is an abortion provider and prescribes medication

for medication abortions.

8. Abigail Mensah is a nurse practitioner at the Spring Valley Center. She is under the

supervision of Dr. Shah and dispenses prescriptions for medication abortions under the oversight

of Dr. Shah.

9. Dr. Shah and Mensah are both employed by PPHP as medical care providers and, during

all times relevant hereto, were involved in the care and treatment of Plaintiff, including, but not

limited to, medical care provided on May 4, 2020, and May 5, 2020, the dates on which Plaintiff

visited PPHP, the White Plains Center, and the Spring Valley Center.

10. On May 4, 2020 Plaintiff, believing that she was newly pregnant, sought information

from Defendants for an abortion.

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11. Plaintiff obtained abortion information from Defendants via a fifteen minute, two second

telehealth conference.

12. At no time during the consultation did Defendants examine Plaintiff’s physical condition.

13. Plaintiff advised Defendants that her last menstrual period was on March 23, 2020.

14. Based on that response, which was true and accurate, Defendants determined that

Plaintiff was six weeks and zero days pregnant.

15. Plaintiff verbally consented to the termination of a six-week old fetus.

16. Defendants advised Plaintiff that she could obtain the medication for the abortion at the

Spring Valley Center.

17. While at the Spring Valley Center, Plaintiff was not asked any further questions about the

pregnancy, nor did she sign any consent forms.

18. Defendants failed to perform any type of physical exam on Plaintiff while she was at the

Spring Valley Center to accurately confirm the gestational age of the fetus.

19. Defendants failed to perform any type of ultrasound or other scan on Plaintiff while she

was at the Spring Valley Center to accurately confirm the gestational age of the fetus.

20. Plaintiff, who has a history of anemia, was given a finger prick to assess her hemoglobin

levels; the first test failed as a result of faulty equipment.

21. Plaintiff, who was concerned about her history of anemia, asked whether she should wait

a day and visit another Planned Parenthood location that had a machine to test her levels.

22. Plaintiff was told by Defendant Abigail Mensah that she should not wait to visit another

Planned Parenthood location because it might be “too late” for her to obtain a medication

abortion.

23. Plaintiff was given a second hemoglobin test.

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24. Plaintiff’s hemoglobin levels were below the range of acceptable limits.

25. Plaintiff was not informed that her hemoglobin levels were low.

26. Plaintiff began taking the medication on May 4, 2020 to proceed with the abortion of

what she believed was a six-week old fetus.

The Abortion Pill Regimen

27. Medical abortions are accomplished a regimen of medications, beginning with the

abortifacient mifepristone, which is also known as RU-496, or, commercially, as Mifeprex.

28. Mifeprex is used together with another medication called misoprostol.

29. Mifeprex is governed by the Federal Drug Administration’s Risk Evaluation and

Mitigation Strategy (“REMS”) policy (referred to alternatively as the “Mifepristone REMS

Program” or the “REMS for Mifeprex”).

30. REMS is a drug safety program that the U.S. Food and Drug Administration (“FDA”)

requires for certain medications with serious safety concerns to help ensure the benefits of the

medication outweigh its risks.

31. According to the FDA, REMS are designed to reinforce medication use behaviors and

actions that support the safe use of that medication. While all medications have labeling that

informs health care stakeholders about medication risks, only a few medications require a

REMS. https://www.fda.gov/drugs/drug-safety-and-availability/risk-evaluation-and-mitigation-

strategies-rems

32. The current REMS for Mifeprex was last updated on 04/11/2019.

https://www.accessdata.fda.gov/scripts/cder/rems/index.cfm?event=RemsDetails.page&REMS=

390

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33. In accordance with the REMS, the FDA has approved the use of Mifeprex (and

Misoprostol) for the termination of pregnancies through 70 days gestation, or 70 days or less

since the first day of a woman’s last menstrual period. In other words, Mifeprex and Misoprostol

are not approved for use on a pregnant mother past 10 weeks gestation.

34. The goal of the Mifepristone REMS Program is to mitigate the risk of serious

complications associated with mifepristone by: (1) Requiring healthcare providers who prescribe

mifepristone to be certified in the Mifepristone REMS Program; (2) Ensuring that mifepristone is

only dispensed in certain healthcare settings by or under the supervision of a certified prescriber;

(3) Informing patients about the risk of serious complications associated with mifepristone.

https://www.accessdata.fda.gov/scripts/cder/rems/index.cfm?event=RemsDetails.page&REMS=

390

35. To meet the first requirement, certification, a physician must (1) Review the Prescribing

Information for mifepristone and (2) Complete a Prescriber Agreement Form.

36. There are two Prescriber Agreement Forms: one for GenBioPro, Inc. and the other from

Danco Laboratories, LLC.

https://www.accessdata.fda.gov/scripts/cder/rems/index.cfm?event=RemsDetails.page&REMS=

390

37. The physician must also review the Patient Agreement Form with the patient and fully

explain the risks of the mifepristone treatment regimen. Patient Agreement Form

38. The physician must answer any questions the patient may have prior to receiving

mifepristone.

39. The physician must have the patient sign the Patient Agreement Form and obtain the

Patient's signature on the form.

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40. The physician must provide the patient with a copy of the Patient Agreement Form and

Medication Guide.

41. The physician must place the signed Patient Agreement Form in the patient's medical

record and record the serial number from each package of mifepristone in each patient's record.

42. The Danco Laboratories, LLC Prescriber Agreement and the GenBioPro, Inc. require

that, to qualify for certification, the prescribing physician must be able to accurately assess

pregnancy duration.

https://www.accessdata.fda.gov/drugsatfda_docs/rems/Mifepristone_2019_04_11_Prescriber_A

greement_Form_for_Danco_Laboratories_LLC.pdf and

https://www.accessdata.fda.gov/drugsatfda_docs/rems/Mifepristone_2019_04_11_Prescriber_A

greement_Form_for_GenBioPro_Inc.pdf

43. Additionally, both Prescriber Agreements require that the physician obtain the patient’s

signature on the Patient Agreement Form.

44. Both Prescriber Agreements require that the physician certify that he or she has read and

understood the Prescribing Information for mifepristone.

45. The accurate assessment of pregnancy duration (or gestational age) requires either a bi-

manual pelvic exam, or other type of abdominal exam, or an ultrasound.

46. The use of a last menstrual period, or LMP, is not sufficient to accurately determine

pregnancy duration or gestational age.

47. According to a textbook used by the National Abortion Federation (“NAF”), “Patient

history [including the patient’s description of her last menstrual period (“LMP”)] is not

sufficiently accurate to establish the diagnosis, duration, or status of pregnancy. Management of

Unintended and Abnormal Pregnancy: Comprehensive Abortion Care, Chapter 6, Clinical

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assessment and ultrasound in early pregnancy, Steven R. Goldstein MD, and Matthew F. Reeves

MD, MPH.

48. NAF’s textbook further states: “Pregnancy diagnosis and accurate estimation of

gestational age are integral aspects of abortion care. Although the initial clinical assessment

provides important clues, no detail of the patient's history, reported symptoms, or physical signs

allows the practitioner to make the diagnosis of early pregnancy with certainty. Fortunately,

advances in pregnancy testing and imaging techniques now enable the clinician to identify

pregnancy shortly after implantation and to assess the duration, location, and development of the

pregnancy. These techniques have made it possible for providers to offer new options to women

seeking abortion, including very early pregnancy termination by medical or surgical methods.

Their judicious use also helps to minimize abortion-related complications and assists in the

diagnosis and management of abnormal pregnancies.”

Plaintiff’s Medication Abortion; Labor and Delivery

49. On May 4, 2020, Defendant Dr. Shah prescribed the two-medication regimen of

Mifeprex and misoprostol to terminate Plaintiff’s pregnancy.

50. Plaintiff did not sign the required Patient Agreement Form, or any other form.

51. Defendants failed to conduct a physical exam of any type on Plaintiff, let alone a bi-

manual pelvic exam or abdominal exam.

52. Defendant failed to conduct an ultrasound on Plaintiff.

53. Plaintiff began her regimen of Mifeprex and misoprostol on May 4, 2020.

54. That evening, Plaintiff began experiencing painful cramping and pressure.

55. Plaintiff went into full labor in the early morning hours of May 5, 2020.

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56. Plaintiff experienced extreme and painful accelerated changes to her body, including a

vaginal laceration or tear, as the delivery progressed.

57. At approximately 3:00 am, while sitting on the toilet, Plaintiff gave birth to a fully-

formed, stillborn baby boy named J.T.

58. Plaintiff was shocked and traumatized when she saw the lifeless, fully-formed baby in the

toilet covered in mucous, blood, and the placenta.

59. The next morning, Plaintiff advised Defendants about the ordeal.

Plaintiff described the size of J.T.’s body to the Defendants. She described his size as the length

of her forearm, not including his legs. Defendant Mensah repeatedly asked whether the body was

the size of a fist, but Plaintiff and her mother corrected her.

60. Instead of directing Plaintiff to the nearest emergency room, and despite knowing that

J.T. was a fully-formed baby, Defendants directed Plaintiff to bring J.T. across county lines to

Dr. Shah at the White Plains Center for examination of both J.T. and herself.

61. At the White Plains Center, Dr. Shah performed an ultrasound and physical exam on

Plaintiff and also examined J.T.

62. Defendants determined that J.T.’s length and femur size were consistent with that of a

thirty-three to thirty-six week old baby.

63. Defendants advised Plaintiff that they would dispose of J.T., further upsetting Plaintiff

and her family.

64. Plaintiff, just hours post-partum and in shock, was made to wait for many hours at the

White Plains Center.

65. Defendants told Plaintiff not to call law enforcement.

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66. Plaintiff refused to allow Defendants to dispose of J.T. and a family member contacted

law enforcement authorities for assistance.

67. Defendants made misleading statements to law enforcement, including the indisputably

untrue statement that Plaintiff was “examined” and that Plaintiff decided on her own to bring J.T.

across county lines.

68. J.T. was taken to the Westchester County Morgue.

69. J.T. was a fully formed and otherwise healthy baby.

70. Plaintiff had no intention of aborting a near-term baby, did not consent to the termination

of a near-term baby, and would not have aborted a near-term baby or any baby after her first

trimester.

71. An autopsy was performed on J.T. on May 7, 2020.

72. The cause of J.T.’s death was determined to be a “medically induced termination of

pregnancy of a 30-week fetus.”

73. As a result of Plaintiff’s ordeal, she has endured significant stress, trauma, emotional

anguish, physical pain, including laceration and an accelerated labor and delivery unaided by

medication, lactation, soreness, and bleeding.

AS AND FOR A FIRST CAUSE OF ACTION FOR
MEDICAL MALPRACTICE

74. Plaintiff repeats and re-alleges each and every allegation above as if fully set forth herein.

75. Defendants and their agents, servants, and employees undertook to provide an abortion

for Plaintiff in a reasonable, proper, and skillful manner on or about May 4, 2020.

76. Defendants and agents, servants, and employees were negligent and committed

malpractice in their treatment of Plaintiff and Plaintiff’s fetus by, but not limited to, failing to

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accurately confirm pregnancy duration or gestational age by either a physical exam or an

ultrasound, aborting a later-term, healthy baby boy without Plaintiff’s consent, conducting a

deficient screening process, conducting an abortion after the Plaintiff’s hemoglobin levels were

outside the range of acceptable levels, and seeking to dispose of a stillborn, full-term baby.

77. Defendants and agents, servants, and employees provided the negligent care to Plaintiff

and Plaintiff’s stillborn baby at Spring Valley and White Plains Centers.

78. Plaintiff sustained severe and permanent and nonpermanent injuries as a result of the

negligence and malpractice of Defendants and their agents, servants, and employees, including

but not limited to, loss of near-term, healthy child in utero, physical lacerations, pain of labor

unaided by an epidural or an understanding of what was happening to her body, emotional

distress, pathological bereavement and grief, posttraumatic stress disorder, anxiety, depression,

and pain and suffering.

79. Plaintiff has incurred and will continue to incur damages associated with counseling,

funeral arrangements, and other necessary actions taken to address her mental health.

80. The injuries and damages sustained by Plaintiff were caused solely by the negligence and

malpractice of Defendants and their agents, servants, and employees without any negligence on

the part of Plaintiff contributing thereto.

81. Plaintiff sustained damages in excess of the jurisdictional limits of all lower courts,

which might otherwise have jurisdiction.

AS AND FOR A SECOND CAUSE OF ACTION
FOR LACK OF INFORMED CONSENT

82. Plaintiff repeats and re-alleges each and every allegation above as if fully set forth herein.

83. Defendants and their agents, servants, and employees performed some and failed to

perform other medical treatments, procedures, and/or diagnostic procedures upon Plaintiff

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patient without obtaining the informed consent of Plaintiff, including but not limited to the

failure to accurately assess pregnancy duration or gestational age through a physical exam and/or

an ultrasound, and through the nonconsensual medication abortion of a full-term, otherwise

healthy baby boy.

84. Defendants and their agents, servants, and employees failed to advise Plaintiff of the

risks, dangers, and consequences associated with the performance or non-performance of the

aforesaid medical treatments, procedures, and diagnostic procedures.

85. A reasonable medical provider would have disclosed the risks of not performing any tests

to accurately assess pregnancy duration or gestational age, even if the reasonable medical care

provider chose to disregard the applicable standards of care and the Mifepristone REMS

Program.

86. A reasonably prudent person in the position of Plaintiff would not have permitted,

allowed, or undergone the medical treatments, procedures, and/or diagnostic procedures and

would have chosen a different course of treatment if he/she had been fully informed of the risks,

dangers, and consequences of performing an abortion without accurately assessing pregnancy

duration or gestational age, particularly since Mifepristone and misoprostol are not approved by

for the purpose of terminating a developed fetus, or any fetus over ten weeks or 70 days

gestation.

87. As a result of the aforesaid medical treatments, procedures, and/or diagnostic procedures

being withheld or performed upon Plaintiff patient, without the informed consent of Plaintiff

patient, Plaintiff sustained personal injury damages.

88. The lack of informed consent outlined above is the proximate cause of the damages to

Plaintiff for which relief is sought herein.

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89. Plaintiff sustained severe and permanent injuries as a result of the failure to obtain an

informed consent by Defendants and agents, servants, and employees.

90. Plaintiff has incurred and will continue to incur damages associated with counseling,

funeral arrangements, and other necessary actions taken to address her mental health.

91. The injuries and damages sustained by Plaintiff were caused solely by the negligence and

malpractice of Defendants and agents, servants, and employees without any negligence on the

part of Plaintiff patient contributing thereto.

92. Plaintiff sustained damages in excess of the jurisdictional limits of all lower courts,

which might otherwise have jurisdiction.

AS AND FOR A THIRD CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS

93. Plaintiff repeats and re-alleges each and every allegation above as if fully set forth herein.

94. Defendants chose not to follow long-established standards of care in the abortion industry

or the requirements of the FDA’s Mifepristone REMS Program because, as Defendants have

implied or stated publicly, Defendants believe that diagnostic tests or legal requirements are

“obstacles” or impediments to people asserting their right to an abortion.

95. Defendant Dr. Shah has publicly stated that she regards laws requiring her to perform an

ultrasound before performing an abortion are not founded in science, and that “none of these

[prior requirements] are evidence based.”

96. Defendant Dr. Shah further publicly stated that laws requiring an ultrasound before an

abortion are “all founded in ideology” and “do nothing to safeguard reproductive health ... they

“only harm patients.” She would like to see an “end to mandatory ultrasounds.”

97. Dr. Shah continues to press her narrative in books, on social media, and through

interviews at outlets geared towards young women, despite the fact that her narrative harms

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women and specifically resulted in the death of a viable unborn child. After Plaintiff’s ordeal,

Dr. Shah characterized the telehealth abortion platform as “really successful.” See 18:15 mark,

https://mail.google.com/mail/u/0/#search/jruta%40lawnynj.com+interview/QgrcJHsBmssrHSSx

WkrTgDbnlXSbbjpWRNB?projector=1 Further, she says they went to a no test or “minimal

test” process and then they pick up the medications.

98. Dr. Shah’s public statements are causing further harm to Plaintiff.

99. Defendants seek to perform telehealth abortions on a widespread basis.

100. Defendants, in order to advance their political and ideological agenda, have unilaterally

chosen to by-pass the FDA’s Mifepristone REMS Program and alter the long-established

standards of care for an abortion that require confirmation of gestational age.

101. Defendants disregarded the substantial probability of causing severe emotional distress

to Plaintiff and other pregnant mothers like her.

102. Defendants’ conduct has resulted in the death of a near-term, otherwise healthy baby

boy and a lifelong impact on a young woman who is at the beginning of her journey to

adulthood.

103. Plaintiff was forced to witness the terrible consequences of Defendants’ failure to

observe long-standing standards of care and the Mifepristone REMS Program; she has been

traumatized by the horrific sight of her lifeless, full-term baby in the toilet, covered in afterbirth

and placenta.

104. Plaintiff experienced extreme fear and shock, which has affected the rest of her family,

including her younger sisters.

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105. Plaintiff is devastated because she thought she was aborting a six-week old fetus, and

not a fully formed baby who was between 33 and 36 weeks old. Plaintiff would never have

aborted a fully formed baby.

106. Plaintiff has also been harmed by Defendants’ request for J.T.’s body so that Defendants

could “dispose” of him.

107. Dr. Shah illegally directed Plaintiff to transport J.T.’s body to another Planned

Parenthood location in another county, which is a crime. Defendants’ actions have caused great

stress and anxiety for Plaintiff, particularly during the subsequent law enforcement investigation.

108. Defendants made misrepresentations to law enforcement officers that caused Plaintiff

great distress.

109. Defendants’ unilateral decision to by-pass long established standards of care in the

abortion industry and FDA’s Mifepristone REMS Program, direction to commit a crime,

misleading statements to the police, and lengthy wait in their office while Defendants decided

what to do, among other actions, constitutes conduct that is so outrageous in character, and so

extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as

atrocious, and utterly intolerable in a civilized community.

PUNITIVE DAMAGES

110. The standard of care in abortion medicine, and the FDA’s strict Mifepristone REMS

Program both require that, before the two-drug regimen of Mifepristone and Misoprostol can be

prescribed, gestational age must be accurately assessed.

111. That assessment must take the form of a physical exam or an ultrasound and cannot be

based upon a patient’s report of her last menstrual period.

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112. Defendants consciously and deliberately eliminated an essential step in accurately

assessing the gestational age of a fetus.

113. Defendants chose to substitute their own judgment for that of the FDA and even the

National Abortion Federation by removing all prudent medical procedures or tests that

Defendants’ regard as an impediment to a person’s right to an abortion.

114. Indeed, based upon Defendants’ public positions, Defendants regard any required

medical step, assessment, or waiting period, or any action beyond a screening interview to be an

impediment to a person’s right to an abortion.

115. Defendants have politicized the standards of care in medicine.

116. Defendants’ actions have resulted in the death of a fully-formed, otherwise healthy baby

boy who would have been welcomed into a loving home.

117. Defendants’ actions put Plaintiff at great risk during the non-consensual abortion and in

her future reproductive and mental or emotional health.

118. Knowing these risks, Defendants still failed to direct Plaintiff to the nearest emergency

room, and instead had her wait for many hours in their waiting room.

119. No other family should experience an illegal and non-consensual abortion as a result of

an abortionist’s agenda or politically-driven ideology.

120. It is extremely rare that an illegal later-term abortion is performed using Mifeprex and

Misoprostol. It is extremely rare that a fully-formed child is aborted as a result of a doctor failing

– or refusing -- to follow the well-established REMS protocol. Research has revealed no other

later-term abortion using these medications.

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121. Abortion malpractice causes particularized harm in the form of shame, guilt, and overall

emotional harm in a young woman, and for that reason alone is appropriately the subject of

punitive damages.

122. Defendants’ agenda-driven disregard for established standards of care in medicine, the

FDA’s REMS program, and the health of pregnant mothers and viable unborn fetuses is

shocking, unconscionable, and outrageous.

123. Defendants’ direction to Plaintiff to commit a crime is shocking, unconscionable, and

outrageous.

124. Defendants’ statement to Plaintiff that they would “dispose” of him is shocking,

unconscionable, and outrageous.

125. Punitive damages are appropriately assessed to deter Defendants and other abortion

providers from committing similar future acts of recklessness and total disregard for a patient’s

life and that of a viable fetus.

126. Defendants’ agenda-driven and political decision amounts to a conscious and deliberate

disregard of the Plaintiff's interests such that the conduct could be called willful or wanton.

STATEMENT REGARDING EXCEPTIONS IN CPLR ARTICLE 1602

127. One or more of the exceptions in CPLR § 1602, including but not limited to Subsection

2(iv) and 7 are applicable to all causes of action and Defendants are jointly and severally liable

with all other tortfeasors whether parties to this action or not.

WHEREFORE, Plaintiff demands judgment against Defendants on all causes of action

in an amount that exceeds the jurisdictional limitations of all lower courts that would otherwise

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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/20/2021

. .1

have jurisdiction over this action, together with the interest, costs, and disbursements of same as

allowed by law.

Plaintiff also seeks punitive damages in an athount to be determined by the trier of fact.

Dated: New York, New York

January 20, 2021

Jo ph A. Ruta, Esq.
Ruta Soulios & Stratis LLP
211 East 43rd St., 24th Fl.
New York, NY 10017

(212) 997-4500
fax (212) 768-0649

Christen E. Civiletto, Esq.
East Amherst, New York 14051

(716) 7134431

19
FILED: KINGS COUNTY CLERK 01/20/2021 05:02 PM INDEX NO. 501531/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/20/2021

VERIFICATION

STATE OF NEW YORK )

) ss.:

COUNTY OF NEW YORK )

The undersigned, an attorney duly admitted to practice in the State of New York, under

the penalties of perjury affirms as follows:

1. I am one of the attorneys for Plaintiff(s) in this action.

2. I have read the foregoing Complaint and know the contents thereof; the same is true to

my own knowledge, except as to the matters therein stated to be alleged on information and

belief and, as to those matters, I believe them to be true.

3. The reason this verification is made by me and not by Plaintiff(s) is that Plaintiff(s) is/are

attorneys'
not presently within the county wherein the offices are located.

4. The grounds of my belief as to all matters not stated upon my own knowledge are

investigations made and reports of investigation received by me.

Dated: New York, New York

January 20, 2021

Jo ph . Ruta, Esq.

Ruta Soulios & Stratis LLP
211 East 43rd St., 24th Fl.

New York, NY 10017

(212) 997-4500
fax (212) 768-0649
FILED: KINGS COUNTY CLERK 01/20/2021 05:02 PM INDEX NO. 501531/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/20/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------
------------------------------------X Index No.:
JANE DOE,
.

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Exhibit,Appendix: Jane Doe v. Meera Shah M.D., Abigail Mensah N.P., Planned Parenthood Hudson Peconic, Inc., a New York Corporation, d/b/a PLANNED PARENTHOOD SPRING VALLEY HEALTH CENTER, AND PLANNED PARENHOOD WHITE PLAINS HEALTH CENTER

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