A lawsuit filed suit on behalf of Joshua Vandervelden alleged that Dr. Benjamin Victoria attempted to perform an abortion on Linda Moie on January 12, 1979, at Fox Valley Reproductive Health Care Center in Wisconsin.
The abortion injured but did not kill the fetus (Joshua), who was born September 18, 1979.
Joshua spent two weeks on a respirator.
The suit was struck down by the court on the grounds that Linda consented to the abortion. Linda appealed, but the U.S. Supreme Court upheld the lower court's refusal to hear the case.
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