Testimony of Curtis Cook, M.D.

Before the Committee in the Judiciary

Subcommittee on the Constitution

U.S. House of Representatives

Hearing on H.R. 4965

The “Partial-Birth Abortion Ban Act of 2002

July 9, 2002

            My name is Dr. Curtis Cook and I am a board-certified Maternal-Fetal Medicine specialist (perinatologist) practicing and teaching in the state of Michigan. I provide care exclusively to women experiencing complicated pregnancies. These include women with preexisting medical conditions such as diabetes, hypertension and even cardiac disease and cancer. This group of complicated pregnancies also entails those with suspected fetal abnormalities including lethal fetal anomalies such as anencephaly (absent brain) and renal agenesis (absent kidneys). Additionally, this group of complicated pregnancies includes those women who have developed obstetrical complications during the course of their gestation. This would include situations such as the premature onset of labor or early leaking of the amniotic fluid.

            Never in the ten years I have been providing perinatal care to women with complicated pregnancies have I ever experienced a clinical situation where the late-term abortion procedure being considered before this committee (partial-birth abortion) has ever been required or even considered as a clinically superior procedure to other well-known and readily available medical and surgical options. This includes the clinical situations where this technique has been used by some physicians, and even the theoretical situations proposed by zealous advocates of this rogue procedure. Additionally, I have queried many colleagues with decades of clinical experience and have yet to find one individual who has experienced a clinical situation that would require this procedure. This procedure has been discussed very publicly for more than five years and yet we have not seen it embraced by the medical community simply for its lack of merit in modern obstetrics.

            As part of my professional responsibilities, I also teach medical students and residents the clinical management of pregnant women. This includes the various medical and surgical options for facilitating a birth or emptying a uterus in all three trimesters of pregnancy. I have never encountered teaching materials on this technique (PBA) except for the information presented by Dr. Haskell at a National Abortion Federation seminar. I am also a fellow of both the American College of Obstetricians and Gynecologists and the Society of Maternal-Fetal Medicine as well as a member of the Association of Professors of Gynecology and Obstetrics. I am not aware of any educational materials from any one of these groups discussing the specific technique of partial-birth abortion (or D&X/intact D&E), the appropriate clinical use of this procedure or even clinical reports of its use. This also leads me to believe this is a rogue procedure with no role in modern obstetrics.

            Frankly, I am appalled that any physician is providing such “services” given the gruesome nature of this inhumane procedure. By their own admission these procedures are being performed primarily between 20-28 weeks gestation and sometimes beyond on mostly healthy mothers carrying healthy babies. The current survivability of infants born at 23 weeks is greater than 30% and at 24 weeks it is almost 70%. By 28 weeks the survival rate exceeds 95%! Many of these infants are literally inches away from enjoying the full rights afforded any American citizen including the rights to life, liberty and the pursuit of happiness.

            Every argument brought forth by the zealous advocates of this procedure has been summarily dismissed in the light of the medical facts. This includes even early arguments that this procedure was never being performed. Later the argument proposed was that this procedure was rarely performed and when it was performed it was provided only to mothers or infants with severe medical problems. We know now by the independent investigations of the Washington Post, the New Jersey Bergen Record, the American Medical Association News and others that these procedures are being performed by the thousands on mostly healthy mothers carrying healthy babies as admitted to by high profile providers of this technique. It was even preposterously proclaimed that the anesthesia provided the mother during the procedure was responsible for killing the fetus rather than the act of puncturing the base of the skull and suctioning out the brain contents. This was roundly criticized by all legitimate medical bodies putting to rest the concerns of thousands of other women undergoing indicated surgical procedures during the course of their pregnancy. Indeed several pediatric pain specialists and obstetrical anesthesiologists have stated that there is good evidence to support that this procedure would generate excruciating pain for the partially born infant. In fact, this technique would not even be allowed for the purpose of euthanizing research laboratory animals.

            Again I speak from the experience of providing medical and surgical care to infants at the same point in pregnancy at which these abortions are being performed. I also regularly care for women with same diagnoses as those undergoing partial-birth abortion and have been able to safely deliver these women without having to resort to these brutal techniques. This procedure does not protect the life nor preserve the health of pregnant women. It also does not enhance the ability of women to have successful pregnancies in the future and may even hinder such efforts. I am at a loss to think of any benefit of this procedure other than the guarantee of a dead baby at the time of the completed delivery.

            In summary, I feel this procedure (PBA) is unnecessary, unsavory and potentially unsafe for women. Unfortunately it is still being perpetuated upon thousands of innocent partially-born children in this country every year. As I did before this committee five years ago, again I urge you to act quickly to prohibit this abomination of American medicine.

            I thank you again for the opportunity to share my testimony and my deep concern for the women and children of this country.

                                                                        Respectfully,

                                                                        Curtis R. Cook, M.D.

                                                                        Maternal-Fetal Medicine