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Pemberton v. Tallahassee Memorial Regional Center
Pemberton v. Tallahassee Memorial Regional Center
Court	United States District Court for the Northern District of Florida
Full case name	Pemberton v. Tallahassee Memorial Regional Center, Inc.
Decided	October 13, 1999
Docket nos.	4:98-cv-00161
Citation	66 F. Supp. 2d 1247
Court membership
Judge sitting	Robert Lewis Hinkle

Pemberton v. Tallahassee Memorial Regional Center, 66 F. Supp. 2d 1247 (N.D. Fla. 1999), is a case in the United States regarding reproductive rights. In particular, the case explored the limits of a woman's right to choose her medical treatment in light of fetal rights at the end of pregnancy.

Pemberton had a previous c-section with a vertical incision, and with her second child attempted to have a VBAC (vaginal birth after c-section). However, since she could not find any doctor willing to assist her in this endeavor, she labored at home, with a midwife.^[1]

When a doctor she had approached about a related issue at the Tallahassee Memorial Regional Center found out, he and the hospital sued to force her to get a c-section. The court held that the rights of the fetus at or near birth outweighed the rights of Pemberton to determine her own medical care.^[2]^[3] She was physically forced to go to the hospital, where a c-section was performed.^[1]

Her suit against the hospital was dismissed.^[1] The court held that a cesarean section at the end of a full-term pregnancy was here deemed to be medically necessary by doctors to avoid a substantial risk that the fetus would die during delivery due to uterine rupture. The risk of uterine rupture was estimated at 4–6% according to the hospital's doctors and 2% according to Pemberton's doctors. Furthermore, the court held that a state's interest in preserving the life of an unborn child outweighed the mother's constitutional interest of bodily integrity.^[4] The court held that Roe v. Wade was not applicable, because bearing an unwanted child is a greater intrusion on the mother's constitutional interests than undergoing a cesarean section to deliver a child that the mother affirmatively desires to deliver. The court further distinguished In re A.C. by stating that it left open the possibility that a non-consenting patient's interest would yield to a more compelling countervailing interest in an "extremely rare and truly exceptional case." The court then held this case to be such.^[1]^[5]

Later case involving Tallahassee

In March 2009, a Leon County Circuit Court ordered Samantha Burton, then 25 weeks pregnant with her third child, to remain in Tallahassee Memorial Hospital on bed rest against her will.^[6]^[7] Three days after the court order was issued, Burton had an emergency C-section, resulting in a stillbirth.^[8] The next year, the Florida District Court of Appeals ruled that the court cannot impose unwanted treatment on a pregnant woman "in the best interests of the fetus" without providing evidence of fetal viability.^[9]

References

^ ^a ^b ^c ^d "Pemberton v. TALLAHASSEE MEMORIAL REGIONAL MEDICAL, 66 F. Supp. 2d 1247 (N.D. Fla. 1999)". Justia Law. Retrieved March 2, 2023.
^ Kaplan, Margot (2010). ""A Special Class of Persons": Pregnant Women's Right to Refuse Medical Treatment after Gonzalez v. Carhart". Journal of Constitutional Law. 13 – via Penn Law Legal Scholarship Repository.
^ Pratt, Lisa (2013–2014). "Access to Vaginal Birth after Cesarean Section: Restrictive Policies and the Chilling of Women's Medical Rights During Childbirth". William & Mary Journal of Race, Gender, and Social Justice. 20: 119.
^ U.S. District Court, N.D. Florida, Tallahassee Division (1999). "Pemberton v. Tallahassee Memorial Regional Center". West's Federal Supplement. 66: 1247–1257. ISSN 1047-7306. PMID 11868571.{{cite journal}}: CS1 maint: multiple names: authors list (link)
^ Roth, Louise (2021). The Business of Birth: Malpractice and Maternity Care in the United States. New York: New York University Press. pp. 189–213.{{cite book}}: CS1 maint: date and year (link)
^ "Burton v. State of Florida - ACLU Amicus Brief". American Civil Liberties Union. Retrieved May 24, 2019.
^ Bonner, Mark; Sheriff, Jennifer (2012–2013). "A Child Needs a Champion: Guardian Ad Litem Representation for Prenatal Children". William & Mary Journal of Race, Gender, and Social Justice. 19: 526–530.
^ Belkin, Lisa. Is Refusing Bed Rest a Crime? The New York Times Jan. 12, 2010
^ Samantha Burton v. State Of Florida (archive copy), District Court Of Appeal, First District, State Of Florida, Case No. 1D09-1958. Opinion filed August 12, 2010. John C. Cooper, Judge.