Planned Parenthood under fire for unsafe conditions

Two nurses formerly employed at Delaware Planned Parenthood say patients were exposed to blood-born illnesses and bacterial infections because of unsanitary conditions at the state’s two surgical abortion clinics.

About 50 people gathered at Legislative Hall to hear testimony from the nurses May 29.

Jayne Mitchell-Werbrich and Joyce Vasikonis told state lawmakers Planned Parenthood facilities in Dover and Wilmington are focused only on maximum profits, not on patient care.  Both have since resigned from the practice.

“Speed was the ultimate goal,” Vasikonis said.  “Physicians were paid by procedure,” she said.  “There were no breaks until the day was complete.”

Vasikonis said doctors – particularly Timothy Liveright, formerly of the Wilmington facility – focused on speed, not on safe conditions. She said unsterile instruments were used on patients, and surgery and recovery room tables were not thoroughly cleaned between one patient and the next.

Mitchell-Werbrich said at Planned Parenthood in Wilmington, she witnessed doctors perform one abortion every eight to 10 minutes.  She said women were put on exam tables that had blood and other body fluids still on them from the previous patient.

Both Vasikonis and Mitchell-Werbrich said they are pro-choice, and their testimony was not an attempt to outlaw abortions.  “I do not feel anyone has any right to tell a woman what to do with her body,” Vasikonis said.

She said she does not want Planned Parenthood shut down; she wants to make the facility safe for patients.  “My issue is not with abortion, but unsafe medical practices,” she said.

Vasikonis said she has worked at both hospitals and outpatient clinics.  “I’ve never seen anything like this,” she said.

“This isn’t about abortion,” Mitchell-Werbrich said. “This is about patients,” she said. “Their lives are at risk.”

Planned Parenthood issued a May 2 statement saying the Delaware facilities are meeting the state's high standards of practice.

Inappropriate practices

The nurses said Liveright behaved inappropriately with patients and staff, and Mitchell-Werbrich said she once saw him strike a patient.

A medical intern was sent to the facility to observe surgery, but was pressured by Liveright into performing abortions, Mitchell-Werbrich.  “He’s very much a bully, and intimidating,” she said.

Mitchell-Werbrich said medications to sedate, reduce discomfort and prevent certain diseases in newborns are often administered incorrectly or not administered at all.  She said Liveright once left the facility abruptly – after patients had been drugged and were awaiting surgery – on what he called an emergency.

“He was going to get his private airplane fixed,” Mitchell-Werbrich said.

In a July 2012 letter to Sam Nickerson, of Delaware Division of Professional Regulation, Mitchell-Werbrich said Liveright would look at patients in a sexual way.  “He usually has a strange grin and expression on his face as he is ‘undressing’ the patient with his eyes.  It is creepy, uncomfortable and awkward,” she wrote.

U.S. Congress enacted the Health Insurance Portability and Accountability Act in 1996 to maintain patients’ privacy.  “HIPAA is a joke at Planned Parenthood,” Mitchell-Werbrich said.

Vasikonis said patient charts were left out so people walking by could see them, and private conversations with patients could be overheard.  “There was no way to maintain confidentiality,” she said.

“Job duties and procedures were nonexistent,” Vasikonis said. “Staff had been given too much responsibility with inadequate knowledge.”

Vasikonis also said management was inadequately trained.  “I experienced both sexual and racial harassment,” she said.

Vasikonis said when her former manager resigned, she temporarily took over until a replacement was found. She said she thought she could make positive changes in the facility.

Gloria Johnson, former vice president of medical services, was hired in April 2012, Vasikonis said. During Johnson's tenure, Vasikonis said, she was asked to write false statements about the behavior of employees who had resigned, so they could not receive unemployment benefits.

Before she resigned on Aug. 3, 2012, Vasikonis said Johnson had started referring to her simply as “white girl.”

“I corrected everything in my power,” Vasikonis said of her time as manager.  She said all her progress was reversed by Johnson.

Delaware Planned Parenthood Vice President of Public Affairs Amelia Auner said Johnson and Liveright are no longer employees at Planned Parenthood.  “I can release very little information about those individuals due to employee confidentiality,” Auner said in an email.

No oversight at Planned Parenthood

“I have spent almost a year begging someone, anyone, to help me,” Mitchell-Werbrich said during the hearing.

First, she said, she explained her grievances to Planned Parenthood officials, including Chief Executive Officer Nancy Hoffman and Director of Medical Services Carole Meyers, but conditions never improved.

In a July 31, 2012 letter, Mitchell-Werbrich said she told Hoffman and Meyers that Liveright does not use sterile gloves during surgical procedures.

“When I told Dr. Meyers, she stated, ‘Well…the vagina really isn’t sterile.’ I also made Nancy Hoffman aware that Dr. Liveright does not use sterile gloves during the sterile procedures.  Ms. Hoffman stated, ‘The vagina is not sterile,’ and looked at me as though I was confused,” Mitchell-Werbrich wrote.

She said she also contacted Delaware Division of Public Health, a branch of the Department of Health and Social Services, but officials told her they do not regulate Planned Parenthood facilities.

Mitchell-Werbrich said she tried contacting Gov. Jack Markell, but he has never responded to her.

Vasikonis said Planned Parenthood regulates itself and covers up inefficiencies.

She said she emailed Delaware Division of Professional Regulation about problems at the organization and received no response.  “Even now,” she said.

Mitchell-Werbrich said the division told her it was investigating her claims.  In December 2012, the agency sent her a letter stating some small, housekeeping issues were being addressed at the Planned Parenthood facility.

On Feb. 14, the U.S. Occupational Safety and Health Administration fined the Wilmington Planned Parenthood for multiple violations, Mitchell-Werbrich said.

After the OSHA report was released, Mitchell-Werbrich said she contacted the media about the conditions at Planned Parenthood.  A Philadelphia television station aired a report April 10.

Mitchell-Werbrich said a state regulatory investigator contacted her after the report aired. “They only opened up a new case when Action News came on.”

She said he was the fifth investigator she had spoken to.  “At this time, I realize the state of Delaware has serious departmental issues,” Mitchell-Werbrich said.  “Our state leaders and agencies are failing us.”

To this day, patients continue to be seen at Planned Parenthood in Delaware, Mitchell-Werbrich said.  “That is ridiculous,” she said. “People can die there.”

New CEO: Facilities are open, staff is trained

On May 2, Ruth Lytle-Barnaby released a statement on the website for Planned Parenthood of Delaware.  Lytle-Barnaby said she was the new CEO of the organization, and that each facility was providing a full range of services.

“We cannot directly address some of the speculation because we are constrained from discussing patient-related issues by federal laws and by our own commitment to medical privacy,” Lytle-Barnaby wrote.

She also said the staff was highly trained.

“We operate under the regulatory authority of the Delaware Department of Health and Social Services, which has conducted a number of surveys in recent months to ensure we are meeting the state’s high standards,” she wrote.

DHSS Spokeswoman Jill Fredel said DHSS does not perform regular inspections; it must be prompted by an adverse event or a patient complaint.  “We don’t oversee Planned Parenthood,” Fredel said.  “We oversee the safety and sanitation of the facility.”

She said the department has performed two unannounced inspections of Planned Parenthood in the last year.

An April 15 inspection was prompted by an ambulance that had to be dispatched to Planned Parenthood in Wilmington, Fredel said.  In an April 24 letter to Lytle-Barnaby, Karyl Rattay, director of the Office of Health Facilities Licensing and Certification, said inspectors witnessed a number of unsafe conditions at the facility, including expired supplies, machines in need of maintenance and unlabeled spray bottles.

Lytle-Barnaby sent a response to the office May 22, saying each unsafe condition was corrected.

In a joint statement from DHSS Division of Public Health and Department of State Division of Professional Regulation, the agencies said they found evidence of unprofessional conduct by a physician, who has since voluntarily surrendered his medical license to practice in Delaware and is no longer employed by Planned Parenthood.

According to the statement, “DPR has forwarded all relevant information about its investigatory findings to the Attorney General’s Office for possible disciplinary action before the Board of Medical Licensure and Discipline.”

Fredel said another inspection of the Wilmington facility was performed in August 2012 after a patient filed a complaint with DHSS.  In a May 29 statement, agencies said they could not substantiate the claims against the clinic or its personnel.

Lawmakers push for regular inspection

After the hearing, Senate Republicans said they would push for legislation mandating Planned Parenthood facilities be inspected on a regular basis.

“We need to pass that bill,” Hocker said. “They need to be regulated like every other health facility. That’s a must. I think we can get it passed now based on the testimony we heard here today. I can’t believe any legislator would fight it.”

Pettyjohn said, “We need to enact legislation to hold them to the same standards as an out-patient surgery center. At least then there’s going to be some type of standard and regulation and oversight of these facilities to make sure these types of things don’t happen again.”

Lavelle, who helped organize the hearing, said if former Planned Parenthood patients become aware they were mistreated, they should call him at 302-577-8714.

Patients can also contact Delaware Senators at Legislative Hall at 302-744-4048.