By Gina Damron • Free Press Staff Writer • August 21, 2008
A 12-count warrant has been issued against a Lathrup Village abortion clinic for improperly disposing of medical records, according to Southfield’s 46th District Court.
The case against WomanCare, located on Southfield Road, stems from a March incident in which patient records were discovered in a Dumpster behind the facility, court and police officials said today. The clinic came under scrutiny after an anti-abortion group reportedly found body parts of fetuses, other medical waste and the records in the trash bins.
An arraignment date has not yet been set, a court clerk said today. Dr. A. Alberto Hodari, who owns the clinic and who would have to appear in court, said today that he was not aware of the charges.
The Oakland County Prosecutor’s Office, which issued the warrant, could not be reached for comment today. A sergeant at the Lathrup Village Police Department said he couldn’t comment on the case other than to say that the warrant issued was related to the March incident.
“I never received anything about being charged,” Hodari said. “I don’t have anything yet.”
In March, Sgt. Vincent Lynch said that up to 50 patients could be identified in medical records, which were mostly created in February and included personal information and the types of procedures performed.
In addition to the medical records, the clinic was accused of improperly disposing of medical waste by the Michigan Department of Environmental Quality. In March, the MDEQ found that the clinic violated the Medical Waste Regulatory Act by disposing of medical waste, including blood-soaked gauze and surgical drapes, in regular trash bags and then putting them in the trash bin. Medical waste, according to state rules, is to be disposed of in biohazard bags.
The MDEQ decided not to fine the clinic after conducting a follow-up inspection. The state found that the clinic had put procedures in place to ensure medical waste was put into biohazard bags and that employees used proper disposal practices.
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Tuesday, March 11, 2008
Biomedical waste found in abortion clinic trash
Official at woman's clinic blames it on an employee error, but critics say it has happened at other facilities.
Kim Kozlowski / The Detroit News
LATHRUP VILLAGE -- State officials on Monday began investigating allegations of improper disposal of medical waste and documents at two clinics operated by WomanCare, an abortion provider with six Mid-Michigan locations.
Acting on a tip from abortion foes, Lathrup Village police and the Michigan Department of Environmental Quality called in a hazardous waste disposal company early Monday morning to haul away blood-soaked gauze, surgical instruments and other biomedical waste found in the Dumpster outside the Lathrup Village office of WomanCare. DEQ officials later searched the garbage outside of a WomanCare clinic in Sterling Heights but it was unclear if they recovered anything.
Alberto Hodari, the clinics' medical director, said nothing was recovered from the Dumpster in Sterling Heights. He blamed the Lathrup Village situation on an error.
"They had a new employee on Saturday," Hodari said.
But Monica Miller, director of Citizens for a Pro-Life Society, scoffed that the clinic had made a mistake at one clinic.
"That's a bunch of B.S.," Miller said. "Then that staff member must work at every single one of his clinics."
Her group prompted the official investigation after a monthlong search allegedly uncovered improper disposal of biomedical waste, fetal remains, and reams of medical documents in garbage receptacles outside of the WomanCare offices in Lathrup Village, Sterling Heights and Southgate.
After several searches in February, the group called on police and state officials. They also secured a funeral home to hold the estimated dozen fetuses for a spring burial.
"It's absolutely despicable," said Miller. "No human being belongs in the trash. What does this say about our culture: that life is trash?"
Among the alleged discoveries of medical equipment, empty medicine bottles, contaminated gauze and various documents, were about 300 medical documents that included insurance, pathology and abortion schedules. Most were dated in 2008 and some included patients' names, phone numbers, pregnancy stage and abortion date.
Last week Lathrup Village Police and the Department of Environmental Quality examined the discoveries at Miller's South Lyon home. Hazardous waste crews disposed of the waste while police confiscated the documents.
Sharon Riley was upset for her daughter, who had an abortion at the clinic, and also for other women whose medical information and surgical tools allegedly were tossed improperly.
"You just don't dump stuff like that in the garbage," said Riley, a registered nurse. "You never know, some of these patients -- not my daughter -- but they could be HIV-positive or they could have any disease."
Most abortion providers contract with companies that properly dispose of the tissue and shred documents with sensitive information, said Renee Chelian, head of three family planning clinics in Metro Detroit.
"That's the difference between quality medical care and haphazard medical care," Chelian said.
Biomedical waste is to be disposed of either by incineration, cemetery burial or grinding and flushing through a sanitary sewer, according to Robert McCann, spokesman for the Michigan Department of Environmental Quality.
Anyone who violates the law is subject to a fine of up to $2,500 for each incident and up to $1,000 each day during which the violation occurred.
McCann's office plans to determine the magnitude and seriousness of the situation before levying any sanctions. But it was unlikely the clinic would face serious repercussions.
"Our priority is always to work with them and get them into compliance," he said.
No criminal charges were issued Monday because no laws were broken, said Lathrup Village Police Sgt. Vincent Lynch.
His office planned to share the evidence they collected with the offices of the attorney general and Oakland County prosecutor. If any charges were filed, the maximum penalty would be a misdemeanor charge of improper disposal of medical waste, Lynch said.
"This ought to be a felony," Lynch said. "This is a neighborhood. Animals could get into the Dumpster they could drag the stuff around and you could end up with contamination as a public health issue far beyond the radius of the Dumpster.
"We have greater law enforcement for people who throw things outside the window of their car."
You can reach Kim Kozlowski at (313) 222-2024 or kkozlowski@detnews.com.
Oakland County prosecutors say the investigation involves three different women. One woman reported that the alleged assaults 