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Improving Birth's Fundraiser:

"Kelly," Who Had a Forced Episiotomy, Goes to Court

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Kimberly's Case: The Resolution
March 17, 2017

Hear the resolution of Kimberly Turbin's case! If you missed our live interview with Kimberly on March 15th, here is the latest scoop. You can  See more

BENEFITING: Improving Birth

THE STORY:

This is an ongoing fundraiser for Kimberly Turbin who is a small but mighty woman who endured a forced episiotomy (which was caught on video) after repeatedly saying, "No," then managed, with her statute of limitations looming, to file an assault and battery lawsuit PRO SE (meaning, without a lawyer) after more than 80 lawyers turned down her case. More than one year later, she and her legal team led by Sacramento attorney Mark Merin, finally had their first court hearing in Los Angeles where a judge heard oral argument from each of Kimberly's attorney's and the doctor's attorney. The arguments were about whether Kimberly's case should be dismissed on the basis that it is actually a negligence claim that was barred by an expired statute of limitations.

. . .

UPDATE: 6/10/2016: Some really exciting news today! Kimberly Turbin finally had her first day in court.

LA County Superior Court Judge Benny C. Osorio has ruled that Turbin v. Abbassi was properly and timely plead as a battery lawsuit. The judge was not interested in the other side's insinuations that the episiotomy was necessary and a decision for the doctor to make. Judge Osorio inquired why there were so many people in the courtroom, and Improving Birth President Dawn Thompson promptly informed his clerk that this is an unprecedented case of national interest about the legal rights of childbearing people, and that the women in the courtroom represented a cross section of Kimberly's supporters.  Asked how she feels, Kimberly said, "I feel like crying. That the judge agreed it was a battery makes me feel validated."

Raising money for Kimberly's case is an ongoing goal. We've only reached 28% of our goal so far. Please consider a contribution to her case.  If every American woman who had a non-consented episiotomy *in the year 2013 alone* gave just 50 cents, Kelly could easily fund the entire cost of the case--estimated at between $50,000 and $100,000. (Calculation here.)

Thank you for your support!

. . .

UPDATE, 4/16/15: Kelly is filing a lawsuit!  We exceeded our initial goal (within just a few hours!) of $1,500 for her filing expenses. 

We are still asking for donations towards the cost of the case--estimated by one lawyer to be between $50,000 and $100,000--and expenses involved in bringing the case. Even if a lawyer steps up to take Kelly's case on contingency bases, there may be tens of thousands of dollars in out-of-pocket expenses.

She is being supported every step of the way by a team that includes the president and vice president of Improving Birth and representatives (including lawyers) from Human Rights in Childbirth and the Birth Rights Bar Association, who have volunteered thousands of dollars worth of time and resources.

Please help Kelly meet this deadline and get her lawsuit filed.  This initial $1,500 will cover her filing fees, process server fees, lost wages for her to take off work, and travel expenses from where she now lives, several hours away from where she had her baby.  It is only a fraction of the estimated cost to litigate her case (between $50,000 and $100,000), but it’s a necessary step if she will ever be able to seek justice in a court of law.  Read more about Kelly's story here.

. . .

"Kelly," whose forced episiotomy was caught on video, has not yet secured an attorney. Her statute of limitations runs out at the beginning of May 2015.

So, she will be filing suit against her doctor, representing herself.

DONATE

To This Fundraiser

$16,209

MONEY RAISED
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  • Karen Pecora, Midwife

    $100

  • Alicia Chaisson

    $10

  • Beth Fessenden

     

  • Erika Addanki

    $50

  • Karen Herman, CNM

     

  • Rebecca Hunt

    $20

  • Bradley Mother

    $10

  • Sonja B

    $20

  • Sherri McFall

    $50

  • Anonymous

    $50

  • Carrie Murphy

    $20

  • Aara Menzi

    $10

  • Vanessa W

    $20

  • Jessica Isaac

    $20

  • Gail

     

  • Jessica R

    $10

  • Elizabeth Puffenberger

    $15

  • Jennifer MacNeil

    $10

  • Colleen K

    $20

  • Doula Trainings International

    $50

  • Karen from Minnesota

    $10

  • Jaime Lynn Lewis CNM

     

  • Kat

    $10

  • Crystal

    $50

  • Anonymous

     

  • Karen Zamperini

    $150

  • Sarah Simmons LM

    $20

  • Abbie Paulson

    $10

  • Stephanie Trosclair

     

  • Carole Thorpe

    $100

  • Hypnobabies

    $500

  • Bandy Family

    $10

  • Julie

    $20

  • Sorina - Europe

    $50

  • Julieann Putt

     

  • Kate Althouse

    $20

  • Theresa & Rogue Reid

    $25

  • Jami

    $50

  • Gayle Roller

    $25

  • Grace Veras

    $25

  • Zuzana Kriskova

    $15

  • Shani

    $50

  • Simply Born HypnoBirthing

    $50

  • Ashley Urbanick-Miley

    $10

  • Chalae M.

     

  • Anonymous

    $20

  • Doula-Angie

    $20

  • HypnobabiesLA

     

  • Annie Kocher

    $10

  • Anonymous

     

  • Molly

    $10

  • Annie and Chris

    $20

  • Anonymous

     

  • Crystal

    $50

  • Margaret

    $25

  • Anonymous

    $20

  • Anonymous

    $10

  • Anonymous

    $10

  • Tandi

     

  • Birthing Rights

    $10

  • Anonymous

    $10

  • Anonymous

    $10

  • Kate

    $100

  • Josefin Moberg

    $10

  • Shay Salomon

    $20

  • Clare

    $10

  • Anonymous

    $50

  • jennifer

    $20

  • Anonymous

    $10

  • Ioli Orphanides

    $15

  • Sara

    $15

  • Leah Foster

    $25

  • Anonymous

    $50

  • Amy Dunham

    $25

  • Anonymous

    $25

  • Anonymous

    $10

  • Luz y Marea

    $1,000

  • Anonymous

    $25

  • Anonymous

    $25

  • Stephanie Slusher

    $25

  • Sarah Buckley

    $25

  • Miriam, UK

    $35

  • Anonymous

    $25

  • Laura Fass Muir

    $25

  • Aspiring Midwife

    $100

  • Janet

    $25

  • Laura Maxson, LM, CPM

    $25

  • Nancy

    $25

  • Christiana MacDougall

     

  • Michael Gnat

    $10

  • Charlotte

    $25

  • Sara

    $10

  • Cyndi Rosenblatt

    $25

  • Cindy Parke, CNM

    $100

  • Emily

    $500

  • Laurel

    $25

  • Ruth Adekoya

    $25

  • Laurie

    $20

  • LeAnne Kay

    $15

  • Anna Moellering

    $25

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32% Raised of $50,000 Goal

Fundraise for this Campaign

The Team: $16,209 TOTAL RAISED SO FAR

JOIN THE TEAM
Fundraiser Title

Improving Birth

Amount Raised

$15,324

 

31% Raised of $50,000 Goal

Fundraiser Title

Jen Kamel

Amount Raised

$370

Fundraiser Title

Sarah LeMay

Amount Raised

$100

Fundraiser Title

Jacqui Henrich

Amount Raised

$100

Fundraiser Title

Amber Malley

Amount Raised

$55

Fundraiser Title

Amanda P.

Amount Raised

$50

Fundraiser Title

amy wong

Amount Raised

$50

Fundraiser Title

Katja Bravo

Amount Raised

$50

Donor Comments

Anna Moellering

Anna Moellering

DONATION: $25

9 months ago

LeAnne Kay

LeAnne Kay

DONATION: $15

Pulling for you Mama!!! 9 months ago

Laurie

Laurie

DONATION: $20

10 months ago

Ruth Adekoya

Ruth Adekoya

DONATION: $25

10 months ago

Laurel

Laurel

DONATION: $25

10 months ago

Emily

Emily

DONATION: $500

10 months ago

Cindy Parke, CNM

Cindy Parke, CNM

DONATION: $100

In tribute of Lee Parke (1956-2016) who heard women and supported me always in my care of women. 10 months ago

Cyndi Rosenblatt

Cyndi Rosenblatt

DONATION: $25

Stay strong, we will see this through with you. 10 months ago

Sara

Sara

DONATION: $10

I was very glad that you were successful in your case. I hope that you get the medical treatment you need. 10 months ago

Charlotte

Charlotte

DONATION: $25

From a fellow mama. Xxx 10 months ago