Planned Parenthood in fight-or-settle dilemma over anti-abortion lawfare | Carolyn Jones

The Christian right's new tactic in its war on abortion is recruiting former PPFA affiliate employees for 'whistleblower' lawsuits

Whistleblowers are the good guys, right? They cry foul on charlatans and overreaching governments. But what if your urge to disclose is lubricated by the promise of a whopping pile of cash? What if powerful lobby groups are standing by to give you first-rate legal representation? And what if your inside knowledge relates to one of America's most bitter cultural conflicts?

Well, if the prospect of a hefty legal settlement helps persuade you to the anti-abortion cause, then the US False Claims Act, being used to expensive effect against Planned Parenthood providers, might be the law for you.

In July, Texas-based affiliate Planned Parenthood Gulf Coast settled a $4.3m Medicaid fraud claim brought by an ex-employee. Former healthcare assistant Karen Reynolds alleged (pdf) that the women's health clinics had bilked millions from the federal government through fraudulent Medicaid claimsi. According to the terms of the False Claims Act under which she filed her case, whistleblowers are entitled to up to 30% of any recovered cash. Both the federal and state government declined to join the suit and Planned Parenthood denied every allegation. However, they chose to settle rather than proceed to a costly trial.

In the settlement, Reynolds got a $1.2m reward and payment of her legal fees. (Her attorneys, the American Center for Law and Justice, would not disclose details of those fees.)

But why would Planned Parenthood spend such an eye-popping amount on claims it vehemently denies? For practical reasons, said the affiliate. In a statement, a spokeswoman explained:

Continuing this litigation in the hostile environment for women's health would have ensured a lengthy and costly process that would have distracted our energies and required us to share the private medical information of thousands of women.

Indeed, the case had lasted four years and those familiar with the suit said that the defense costs were significant. The anti-Planned Parenthood climate in Texas is already harsh: the Gulf Coast affiliate just announced the closure of three clinics because of sustained funding cuts to women's health services. Even if Planned Parenthood had eventually prevailed in the case, the legal process could have been aggressive and lengthy. Texas Attorney General Greg Abbott, whose office joined the suit, and who considers himself a "pro-life warrior", no doubt hopes to stake his gubernatorial ambitions on an anti-abortion platform.

It's not unusual for defendants to settle a case whose claims they say are spurious. For example, health providers like Catholic Healthcare West, and Hernando-Pasco Hospice recently settled whistleblower suits, which they claimed were baseless, rather than endure costly legal battles. Nonetheless, for Planned Parenthood – an organization with plenty of political enemies – to make a multimillion-dollar settlement seems risky.

This is not just a Texas problem, either. Besides another in Texas, there are currently three more whistleblower suits filed against Planned Parenthood providers in the US: in California, Washington State, and Iowa. These "whistleblowers", three of whom are ex-Planned Parenthood employees, claim that the clinics overbilled the federal government for contraceptives or health services. Cumulatively, the suits appear to claim damages that could amount, theoretically at least, to more than $6bn.

According to filings, Planned Parenthood isn't concerned about the legal standing of these claims. Indeed, in all cases, federal and state prosecutors declined to join the suits and separate judges have dismissed three of them. The suit against the Washington State affiliate is scheduled for a "motion to dismiss" hearing soon.

Even so, Planned Parenthood must still retain legal teams because the plaintiffs continue to file appeals. According to my sources, defense fees over years of litigation would run into the millions.

For their own parts, the whistleblowers have considerable legal firepower behind them. The Alliance Defending Freedom (ADF), a Christian legal group that also campaigns to undermine Planned Parenthood, represents the plaintiffs in the Washington State, Texas and Iowa cases. The American Center for Law and Justice, which represented Reynolds in her suit, was founded by televangelist Pat Robertson. The ACLJ is also representing the whistleblower in the California suit. With their strong ties to the Christian conservative moment, the ADF and the ACLJ are big dogs.

And abortion foes work hard to boost their business. Abby Johnson, the plaintiff in the other Texas lawsuit and herself a client of the ADF, recently launched a new program to encourage abortion clinic workers to leave the "abortion industry". Among other perks, Johnson's program will provide financial and legal support to workers who quit. Another anti-choice organization, Operation Rescue, runs an "abortion whistleblowers" program that offers informers $25,000. Previous informants were referred to the ADF.

And after the size of Reynolds' bounty became public, influential anti-choice blogger Jill Stanek tweeted every Planned Parenthood affiliate to "tell what u know". She also endorsed a follower's tweet that said, "heck, for $1.25 Mil, I'd even tell them what I don't know", and she crowed to the ADF that she was trying to drum up business for them.

It's not an easy time to be a Planned Parenthood provider, especially as funding for women's healthcare shrinks and abortion restrictions sweep through state legislatures. High-stakes whistleblower lawsuits create yet another flank for Planned Parenthood to defend. And whether they fight or settle, it's going to cost them dear.

Contributor

Carolyn Jones

The GuardianTramp

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