ARTICLES
JANUARY 2005 ARTICLES
Contents © 2005
by Jim Holman.
All rights reserved.
The Latest Betrayal
Abortionist Files Bankruptcy, Reveals Patients' Names
BY ROSA ORTEGA
The Riverside County abortionist Joseph R. Durante, M.D., 76, has publicly revealed the identity of "Sara S.," a minor girl who was the victim of a gunshot wound while at Durante's abortion business in Palm Desert. During the news coverage of the trial, the identity of "Sara S." was protected by the court and by both print and electronic news media because she was underage. The shooting occurred when the 17-year-old boyfriend of Sara S., Jeffrey Cameron FitzHugh, decided he did not want her to abort their unborn child.
FitzHugh went to Durante's abortion office on April 29, 2004 and pleaded with the girl not to abort, but when she resisted his requests, he "snapped," went outside and returned with a gun. According to a witness, the youth shouted, "how can you deny it's my baby?" before shooting his girlfriend. Six hours later, FitzHenry was arrested in a house in Indio Hills. Sara S. is now paraplegic. She testified during the trial that FitzHenry had repeatedly threatened her, saying she was "depriving him of his unborn child." The unborn baby died four days later according to news accounts. The trial was held in Indio, and the boy was tried as an adult and convicted of murder. Because the mother intended to abort her child, FitzHenry was not charged under a state law that criminalizes the killing or injuring of an unborn child in an assault on a pregnant woman.
While the criminal proceedings were on going, Durante filed a Chapter 7 bankruptcy in federal court in Riverside and revealed not only the full name of "Sara S." but her address as well. He also revealed the names and addresses of four other female patients, an action which appears to be in violation of federal statutes protecting patient identity. He lists them purposely as creditors who might file "possible malpractice suits" against him. Federal law strictly prohibits physicians from disclosing any information about a patient except with patient permission.
Durante filed for bankruptcy during the malpractice case against him by Ann Marie Santana, who alleged that in 1998 she almost died subsequent to an abortion at Durante's Victorville office. She suffered a perforated uterus, perforated bowel, and gross sepsis from fecal material erupting into her abdomen. In order to avoid paying any judgment in the Santana case, Durante filed the bankruptcy.
In January 2004, he sold his Moreno Valley abortion office (the site of the 1996 abortion homicide of young black victim, Sharon Hamptlon) and in November abandoned his Victorville office where Santana had been injured. He continues doing abortions at his Palm Desert site on Painters Path.
In his bankruptcy filing, Durante states that he has only $44,280 in assets and has total liabilities of $434,625. He also states that he owes $50,787 to the IRS, $10,254 to the California Franchise Tax Board, $25,312 for a judgment against him by MENA America Bank, a judgment of $110,252 by Wells Fargo Bank, and another judgment of $50,000 for breach of contract from Eliverto Solis.
Dr. Durante has a long history of discipline by the Medical Board of California. In 1978 he was found incompetent in the care of female patients and given probation with 30 days of actual suspension. In 1986 Indio Community Hospital (now JFK Hospital) filed a complaint with the Medical Board against Durante for injuring several female patients who required emergency care. Durante was found to have no malpractice insurance and was thrown off staff at both JFK Hospital and Desert Hospital.
In 1996 the Medical Board filed a case against Durante for negligence in the case of a baby he tried to abort but which survived. He was disciplined and placed on probation. In 1998 the Medical Board again disciplined Durante for falsifying a state record and suspended him for 60 days.
According to news accounts, Durante has no malpractice coverage and no staff privileges at any hospital. His associates have been Diana Barrows, M.D. of San Diego (has a citation against her license for failing to document a procedure she did on a patient), Marian Sherman, M.D. (history of discipline from the Medical Board), and Bruce Steir, M.D. (convicted of manslaughter and sentenced to jail).