Plaintiff responds to summary judgment moves in Granite City abortion clinic case

Amelia Flood Feb. 7, 2011, 7:26am


The plaintiff in a suit against Hope Clinic of Granite City denies that she knew prior to an abortion that a doctor she now alleges battered her would perform the procedure.

Plaintiff Brandy Hildreth filed responses to the defendants in the suit on Feb. 4.

Madison County Circuit Judge David Hylla was set to hear the summary judgment moves filed last year by the defendants on Friday, but the case file does not indicate a ruling.

The defendants include Dr. Lisa Memmel, the Hope Clinic for Women, Sally Burgess, Clara Dixon, Debra Weihardt, Anne Baker, Denise Caldwell, Dr. Allen Palmer, Dr. Melissa Gilliam, and the University of Chicago Medical Center.

Hildreth is seeking damages in excess of $1.4 million in her 28 count suit.

Hylla allowed Memmel to substitute an incorrectly marked answer, according to an order signed Feb. 4.

Hildreth claims that she believed Palmer would perform the procedure and not Memmel.

The plaintiff claims that she believed Memmel was a nurse and not qualified to perform the abortion.

The plaintiff contends she suffered great emotional distress due to the clinic staff's actions following the procedure.

In the summary judgment motions filed last year, the defendants contend that Memmel identified herself and that Hildreth did not object to her performing the abortion.

The defendants cited Hildreth's testimony in depositions.

In her Feb. 4 response, Hildreth denies she knew Memmel would perform the procedure before it happened.

She claims that when she signed the consent form for the abortion, it showed Palmer would be the doctor.

Hildreth claims she was then sedated and that the procedure had begun when Memmel identified herself.

The plaintiff argues in her response that the court must consider when the abortion began and at what point she knew Memmel would perform it.

The plaintiff additionally asks the court to consider whether the information the clinic staff gave her after the abortion would lead her to believe it had been performed by someone unqualified.

The plaintiff asks Hylla to deny the summary judgment motions.

Rhonda Fiss represents Hildreth.

Mark Levy represents the clinic and its staff.

John Leskera represents Memmel.

The case is Madison case number 08-L-343.

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