ALBUQUERQUE (CN) - A clinic nurse first removed her intrauterine birth-control device without permission, the patient claims in a federal action, then told her that "having the IUD come out was a good thing," because "I personally do not like IUDs. I feel they are a type of abortion. I don't know how you feel about abortion, but I am against them."
The patient sued Presbyterian Medical Services Rio Rancho Family Health Center and nurse practitioner Sylvia Olona in Federal Court.
The plaintiff says she went to Rio Rancho to have the strings on her IUD shortened.
The complaint states: "As soon as Defendant Olona began speaking to (the plaintiff), she questioned her about her choice of contraception.
"As Defendant Olona began the procedure, (the plaintiff) felt Olona pull on the strings of the IUD. (The plaintiff) felt a distinct pulling on the strings followed by a sharp pain in her uterus similar to a very strong menstrual cramp.
"As that happened, Defendant Olona stated, 'Uh oh, I accidentally pulled out your IUD. I gently tugged and out it came.' She then explained, 'I cut the string than went back and gently pulled and out it came. It must have not been in properly.'
"Olona then stated, 'having the IUD come out was a good thing.' She asked (the plaintiff) if she wanted to hear her 'take' on the situation. Without receiving a response, Defendant Olona stated, 'I personally do not like IUDs. I feel they are a type of abortion. I don't know how you feel about abortion, but I am against them. What the IUD does is take the fertilized egg and pushes it out of the uterus.'
"Defendant Olona stated, 'Everyone in the office always laughs and tells me I pull these out on purpose because I am against them, but it's not true, they accidentally come out when I tug.'
"At this point, Defendant Olona advised that (the plaintiff) needed to take a pregnancy test. (The plaintiff) did, and the test was negative.
"Defendant Olona told (the plaintiff) that is was better that she did not have the IUD because she could now use a "non-abortion" form of contraception. Defendant Olona suggested the deprovera (depo) [sic] shot or the pill, and made clear that she would not insert a new IUD."
The plaintiff demands damages for battery, constitutional violations and negligence. She is represented by Ryan Villa with the Law Office of Robert Cooper.
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.