Amicus Curiae Brief — Food and Drug Administration, et al., Petitioners v. Alliance for Hippocratic Medicine, et al.

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APPENDIX TABLE OF CONTENTS

Page

Appendix A: Affidavit of Leslie Wolbert .............. App. 1

Appendix B: Affidavit of Tammi Morris .............. App. 9

Appendix C: Affidavit of Carol Everett ............. App. 16

Appendix D: Affidavit of Monty Patterson,

father of Holly Patterson .............................. App. 24

App. 1

APPENDIX A

Affidavit of Leslie Wolbert

STATE OF NEW YORK

§

§

COUNTY OF NIAGARA

KNOW ALL MEN BY

THESE PRESENTS

§

BEFORE ME, the undersigned authority on this

day personally appeared Leslie Wolbert who is personally known to me, and after being by me first duly

sworn according to law on her oath did depose and say

that:

1.

“My name is LESLIE WOLBERT. I am over the

age of eighteen (18) years of age and I am fully

competent to make this Affidavit. I reside in

Barker, New York. I have personal knowledge of

the facts stated herein and the following is true

and correct.

2.

It is a bittersweet thing to share a piece of my

story with you. I was 21 years old when I took the

“abortion pill” (RU-486), in 2005. Nothing could

have prepared me for what I experienced during

the time of the abortion or the emotional pain that

I would carry for years following.

3.

I had always vowed as a young, teen to never have

sex before marriage, yet choices I made along the

way and half-hearted convictions led me to choose

to be sexually active. Over the course of five years,

I went to a clinic and took the “morning after pill”

a few times. I chose Planned Parenthood clinic because it was portrayed as safe, friendly and was

App. 2

well established, and I didn’t have to tell my mom

I was visiting. The morning after pill was painful

because it brought my period on quickly, yet it was

bearable and I kept reminding myself what the

nurse had told me, that it was only speeding up

my period.

4.

Since I had come to trust the clinic for years and

had taken the morning after pill a few times without problems, I chose the same clinic to go to for

counsel when I found out I was pregnant and uninsured. I was still completely against abortion at

that time and was certain that I could never have

a surgical abortion because I knew if they had to

perform surgery that meant it really was a baby

not just a blob of tissue as they referred to it. When

I spoke to someone from the clinic, they told me

about a new abortion pill and how “simple” it was

and that you didn’t have to go through surgery, but

that you would have a heavy period instead.

5.

I wish I could remember all the details of what was

said or what wasn’t said, but I don’t. I was confused and really wanted someone to help me make

the best decision. I do remember that nobody ever

told me that I could carry my baby to term if I

wanted to. It was assumed that because I was confused and scared, and showed up at the clinic that

meant I wanted to abort. I was informed about the

different abortion procedures and set up with an

appointment at the clinic where abortions were

performed. I don’t know how I entered the clinic

not considering abortion, but left with an appointment for one. I do know that I felt a lot of pressure

to make the decision because the time was short

for me to be able to take the abortion drugs.

App. 3

6.

At the abortion clinic I was given a routine ultrasound in which the screen was conveniently

turned away from me. The nurse asked if I wanted

to see, but stated that it was just a mass of tissue.

That statement made it easier for me to continue

with the process. I was told RU-486 would be like

a really heavy period and that I would have some

severe cramping that would last a couple of days.

They even prescribed pain medication for when

the cramping got too severe. To me. it sounded a

lot like the morning after pill, except you could

take it up until ten weeks pregnant (Ten weeks is

what I was told, however the FDA approved it only

up to seven weeks, I was eight weeks pregnant

when I took the pill). So I chose the abortion pill

since it was portrayed as safe to me.

7.

I took the first set of pills at the clinic after telling

them how scared I was, then the next day took the

last pills. I rented a hotel room on the day that I

went to the clinic because I was ashamed of what

I was doing and couldn’t imagine going through

with the abortion at home. I didn’t have any physical problems at the hotel, but immediately regretted my choice. I went home the next day because I

didn’t know what else to do..

8.

It was the second day that I experienced the worst

pain I’ve ever felt in my life. The experience wasn’t

just a heavy period. I was bleeding like I never

knew possible. And the cramps were not just severe --- I thought I was dying because they were so

intense. I was crying hysterically and begging to

die because the pain was more than I could handle.

I was heavily sweating, bleeding like never before,

using the toilet and throwing up all at the same

App. 4

time. I was alone, terrified and didn’t know what

to do.

9.

I was in my room and told my family members

that I was extremely sick feeling too ashamed to

tell what really was happening. My younger siblings were scared and stayed away from me because of how I was acting.

10. It was the third day when I finally had enough energy to shower. I felt so dirty and shameful that I

couldn’t wait to clean myself. It was the first time

I had stood for more than a minute and I was

starting to feel a little better by then. I got about

halfway through my shower when I started to

bleed again.

11. I bled so much that it clogged the drain. It was in

that moment, me trying to cleanse myself from my

sin of the abortion, that the truth was exposed. It

was the “blood clot” or the “blob of tissue” that the

clinic talked about. It was my baby that was clogging the drain of the shower and I was in shock.

12. In horror, not knowing what else to do I turned off

the water, scooped it all up then flushed it down

the toilet. It was at that moment I realized I wasn’t

flushing a mass of tissue down the toilet; I was

flushing what was left of the life of my child that

was growing inside of me. It was even more traumatizing than it sounds.

13. This was all done in my home, my bedroom, the

family bathroom and shower, the place where I

had to live after this experience.

14. The emotional pain this caused me made it almost

unbearable to be at home after that. I hated

App. 5

showering and sleeping in my bed. I couldn’t bear

to be around my family, I didn’t want to be there

anymore and tried my best to avoid home, because

everything and everywhere reminded me of my

horrifying experience.

15. I immediately felt a loss. I didn’t want to hear the

word baby. I didn’t want to see babies --- the sight

of a baby caused me to nearly break down.

16. I lived in denial for a period after that trying to

pretend that nothing happened, that my life

hadn’t drastically changed, and that I was ok. It

was at that time that Jesus found me. At my lowest and darkest point, He drew me closer to Himself. I am only able to share my story with you now

because I know that He has set me free from the

guilt and pain of my choice to abort. I have been

forgiven and have hope knowing my baby is with

Christ.

17. RU-486 is not a simple solution to a problem as it

is presented to be. It is a horrible drug, and the

lasting side effects are not spoken of. If it is made

more readily available to women, especially young

girls, they will have similar stories as mine.

Women who weren’t told the truth, women who

are full of grief and sorrow, women who wish they

knew the truth before they aborted.

18. I hate that these abortion drugs are marketed as

safe or simple. I hate that you’re not told what you

will really experience and the extreme loss and

heartache you will feel, not just in the moment but

for the rest of your life. In a place where women

should feel the most loved and cared for they are

instead manipulated, coerced and lied to in their

App. 6

most vulnerable of states. I especially hate that

the truth is not being told about RU-486. It indeed

will change lives, but not for the better. The truth

is not being told because if it were, many women

may have changed their minds.

19. RU-486 isn’t a simple solution to an unplanned

pregnancy. The truth is that RU-486 is murder. It’s

not only destroying the lives of babies. but the

lives of women who choose -to take these drugs. I

am sick and tired of women being manipulated

and lied to, and never told the whole truth. That’s

one of the reasons I must share my story, so that

others know before it’s too late and they too have

a painful story and traumatic memories like mine.

20. The effects of experiencing an abortion at home

are huge. The home should be a safe haven, yet

when you experience the worst thing of your life

at home you find out you’re in a living nightmare.

21. No one ever called me from the clinic after I

aborted. I never went in for a follow up to make

sure I was alright. There was absolutely no contact

from the clinic to me after I gave them my money

and left that day. I did call at one point because I

thought I was dying since what I was told I would

experience and what I actually experienced were

totally different. The woman on the line told me

that it was “normal”. I was just a number, not a

human being. It breaks my heart because I’m not

the only woman who has walked this path, and

with RU-486 being more available there will be

more to come after me. Women left to deal with

the consequences, pain and heartache of their

“choices” alone. The more this drug is open to the

App. 7

public, the more stories of broken women there

will be and with that more mental health pains

and problems.

22. It’s not an easy way out, but is physically the worst

pain in the world. Yet the emotional effects that a

medical abortion brings are even more painful. No

one told me how terrifying it would be to experience this alone at home, or that I would feel such

a deep loss. I had no idea the sound of a baby’s cry

would bring tears to my eyes for years to come. No

one warned me of the pain I would feel afterwards

living at home where the abortion took place. I

wasn’t told that lasting effects from my medical

abortion could potentially be the cause of the two

miscarriages I had six years later, No one told me

about the emotional turmoil I would experience after giving birth to my first child and reliving the

abortion experience in my mind and wishing I

could take it all back. These things just weren’t

discussed, yet they had great effects on me then

and still do today. Women need to be counseled

about all of their choices when it comes to an unplanned pregnancy, and not ushered into choosing

one that is most convenient at the time. The truth

needs to be told, it is far too great of a matter for

it to continue to be handled the way it has been.

Women deserve better and should be protected.

Further Affiant sayeth not.”

/s/ Leslie J. Wolbert

Leslie Wolbert

App. 8

SWORN TO AND SUBSCRIBED BEFORE ME, the

undersigned authority, on this 29th day of January ,

2024.

/s/ Sandra Lewis

NOTARY PUBLIC IN AND FOR

THE STATE OF NEW YORK

Notary Public, Niagara County,

New York

My Commission Expires: 7/19/25

[NOTARY STAMP]

App. 9

APPENDIX B

Affidavit of Tammi Morris

STATE OF PENNSYLVANIA §

COUNTY OF YORK

KNOW ALL MEN

§ BY THESE

§ PRESENTS

BEFORE ME, the undersigned authority on this

day personally appeared Tammi Morris who is personally known to me, and after being by me first duly

sworn according to law on her oath did depose and say

that:

1.

“My name is TAMMI MORRIS. I am over the age

of eighteen (18) years of age and I am fully competent to make this Affidavit. I reside in York County,

Pennsylvania. I have personal knowledge of the

facts stated herein and the following is true and

correct.

2.

I have experienced child birth, surgical abortion,

and chemical (RU-486) abortion. I can say without

any doubt or hesitation that chemical abortion

had by far the most devastating physical and emotional effects.

3.

The clinic in Rochester, NY said that my chemical

abortion would be simple, safe, and mostly painless. It would be a little more than a menstrual cycle. They did not prepare me for what was to come.

4.

This was unexpected because the clinic only told

me the benefits and not the risks.

App. 10

5.

They said the benefit was that it would be in the

privacy of my own home. That was appealing to me

because I had seen women in the waiting room

crying and it was very public that I was at the

clinic. But I had no idea what that “privacy” would

actually mean until I experienced it.

6.

The clinic said the bleeding would be like my menstruation and that a couple of hours later the “tissue” would be expelled. They said that I would be

back to normal the next day, another benefit.

7.

The only written instructions I got was a small paper saying when I was to take the second pill.

8.

They did not give me any information on alternative procedures such as surgical abortion or alternatives to abortion itself.

9.

The clinic did a blood test to confirm my pregnancy. They also did an ultrasound. But I never

saw the ultrasound because it was turned away

from me and there was no sound so I didn’t hear a

heartbeat.

10. On that day, I was extremely stressed about the

abortion to the point of not feeling well.

11. While the chemical abortion was more private and

I was going to experience it in the comfort of my

own home, I was nervous. I didn’t know what to

expect. Nothing of what was to come was comfortable or comforting. It was traumatic and tormenting for years to come.

12. Never once did they acknowledge the life growing

within me or the value of that life or mine. Abortion has two victims --- the mother and the baby.

App. 11

13. They gave me a bag with the pill and the small

paper saying when I was to take the second pill.

14. I took the second pill and a couple of hours later I

started to have mild labor pains. But over time, the

pains increased to intense pains.

15. There I was --- home alone --- alone in my own

home and bathroom where I lived.

16. I knew that I was ending my baby’s life and that I

would give birth to death. It horrified me. What a

contrast because the last pregnancy when I

pushed, I gave birth to a beautiful baby girl and

this time I was giving birth, by my choice in isolation, to death. It was horrible --- the pain, the mental anguish.

17. I was sitting on the toilet crying because on one

hand I was devastated because my baby was dead

and on the other hand I was devastated because I

murdered my baby.

18. I did not know what a baby at 14 weeks looked

like. I never saw the baby intact inside the womb.

I pushed again and it was then that I saw my baby.

It was a baby and not a bunch of cells or tissue as

the clinic had said. Now there was no denying it

--- it was a baby, my baby,

19. I sat on the floor, holding my baby, crying, and

bleeding profusely. I couldn’t stop staring at this

child.

20. Seeing my baby sent me over the emotional edge.

Everything got worse for me. Drinking heavily,

hiding, anger, depression, and suicidal thoughts. I

eventually filed for divorce from my husband. It

App. 12

also affected my relationship with my son and

daughter.

21. The bleeding continued for six to eight weeks, and

the pain also continued. The cramping was a reminder of what I’d done. It didn’t feel like menstrual cramps, it felt like early labor. They are not

the same.

22. I called the clinic and told them it was more than

normal bleeding. They just said I was farther

along and closer to the maximum time frame to

take the pill, and it was normal. If I was really concerned, however, I could go to the Emergency

Room.

23. I felt angry, ashamed, and I was hard to be around

because of this secret that I couldn’t share with

anyone. I had gone through a very traumatic experience. I couldn’t fully explain to my soon to be

hubby; I had to bear this on my own. I knew deep

down he’d resent me. I’d come to find out years

later, I was right.

24. Emotionally, I had really gone off the edge. I was

at such a low point physically and psychologically.

If you really knew what was happening to me, you

might liken it to severe mental illness and I was

certainly harmful to myself and others when intoxicated.

25. In desperation, as a last-ditch effort before committing suicide, almost in an attempt to tempt God

and prove my worthlessness, I cried out to God on

April 22, 2004 to save me. I can’t do this anymore

or I’m going to die, show me that your real and I

matter or not wasting valuable air others are

App. 13

breathing. The trauma that I had imposed on myself through the broken choice of abortion and of

murdering my own child, it just seemed too much.

I could NOT get the image of my baby out of my

mind. Drinking it away didn’t work. Nothing

worked.

26. But God heard my cry and answered that desperate cry for help. That’s when things began to really

change in my life. Over time, I stopped the destructive behaviors that I had been doing and sought

help and counseling to get my life in order.

27. I wish I had known what chemical abortion was

really like, but no one gave me that information. It

felt very transactional to me. No one even called

me after the abortion to see if I was alright. How

is that even ethical?

28. If I had it to do all over again, I wouldn’t have allowed a temporary situation like an unplanned

pregnancy that causes fear and uncertainty to

control my choice.

29. I definitely would not put myself or my baby in the

hands of a physician or purported health care provider to supervise my own abortion. But chemical

abortion is unsupervised.

30. There is nothing safe about abortion via prescriptions. It’s reckless and has long lasting consequences – even for those who think they want one,

that nothing is wrong with it, and it’s best. Take it

from me, they are lies.

31. Even to this day, I have a general distrust of

healthcare providers. Are they being honest? Do

they really care? Are the institutions trusted to be

App. 14

an advocate for my health really for me or do they

have an agenda.

32. Over the course of my life since that day God

answered my cry, life has been really hard, and

I’ve had to contend for every inch of healing I’ve

received. My hope is that my testimony helps

another woman who is suffering in silence to

believe there is hope for her. Or, if it opens the

eyes of those who are deceived to think abortion is

ok, then lives can be spared --- both born and unborn.

33. I would say to women considering this chemical

abortion, there are resources and people who will

walk with you through your pregnancy. You have

more options to choose life, and only one for death.

The weight even unconscious of taking another

life, never really leaves. The complete healing will

only come when I am reconciled with my babies in

heaven.

34. Chemical abortion is never the answer. Thank you

for hearing my story.

Further Affiant sayeth not.”

/s/ Tammi Morris

Tammi Morris

SWORN TO AND SUBSCRIBED BEFORE ME, the

undersigned authority, on this 31 day of January ,

2024.

App. 15

/s/ CHK

Notary Public in and for York

COUNTY THE STATE OF PA

My Commission Expires: 07/25/2024

[NOTARY STAMP]

App. 16

APPENDIX C

Affidavit of Carol Everett

STATE OF TEXAS

§ KNOW ALL MEN

§ BY THESE

COUNTY OF WILLIAMSON § PRESENTS

BEFORE ME, the undersigned authority on this

day personally appeared Carol Everett who is personally known to me, and after being by me first duly

sworn according to law on her oath did depose and say

that:

1.

“My name is CAROL EVERETT. I am over the age

of eighteen (18) years of age and I am fully competent to make this Affidavit. I reside in Round Rock,

Texas. I have personal knowledge of the facts

stated herein and the following is true and correct.

2.

I know firsthand about pregnancy termination. I

have been both a consumer and provider. I was involved in the operation of four pregnancy termination clinics from 1977 to 1983, overseeing 35,000

pregnancy terminations. A fifth clinic was being

planned. I was formerly Dallas’ largest abortion

chain owner.

3.

Since leaving the abortion industry, I have been

committed to safeguarding the health of women

and their babies all over this nation. I speak to the

men and women who have experienced a pregnancy loss to offer a message of healing and hope.

4.

I formed the Heidi Group to help girls and women

in unplanned pregnancies make positive, lifeaffirming choices for themselves and their babies.

App. 17

Our role is to connect girls and women to the best

resources available. At the Heidi Group, we affirm

the dignity and value of girls, women, and families.

It is our goal to make sure that before a girl or a

woman walks through the door of an abortion

clinic, she sees the full picture of the resource community waiting to embrace her and her unborn

baby.

My Abortion Experience

5.

I was married, had an 8 year-old daughter and a

10 year-old son. I found myself pregnant again.

When I told my husband, I was excited about the

pregnancy but his initial reaction was, “you’ll just

have to have an abortion.”

6.

I decided to look for someone to help me. I went to

my doctor and told him that my husband didn’t

want me to have this baby. What he offered was an

illegal abortion. I was looking for someone to tell

me not to have the abortion, but I ran into an abortion salesman. And that is what happens in our

nation today.

7.

When I woke from that abortion, I picked up the

telephone, and literally started working from my

hospital bed, not realizing that I was already running from that decision. I know first-hand the devastation of abortion --- my life rapidly went

downhill. Within a month, I was having an affair

which I had never done before. Very soon I started

drinking; I had not ever drunk in my life. Shortly

thereafter, my marriage broke up.

App. 18

8.

Then I started seeing a psychiatrist daily. At the

rate of $125.00 an hour, I could not go on with this

very long. So I decided to do what I called, “get hold

of myself.” I changed everything I could in my life,

except my children. I got away from the job I’d had;

got away from my husband, and decided I would

make it on my own. What I’m telling you is the

story about how my life went along at a pretty

good level for a while, and the moment I had that

abortion, it went straight downhill. I think that is

what happens to every woman who has an abortion.

9.

Abortion is devastating to women and babies, but

it also has very negative consequences for fathers.

My ex-husband also had to go to counseling trying

to deal with the abortion.

The Abortion Business

10. When I did get hold of myself, I went to work for a

man who had a medical supply business. At about

this time, abortion became legal in the State of

Texas, and very soon we had an account online

that was very profitable for us. We were making

over $1,000 a month profit out of this account. So

he decided that he wanted to look into it to see

exactly what sort of business they were --- they

were an abortion clinic. This man who told me he

never wanted to see an abortion, never wanted to

know what an abortion really was, opened his first

abortion clinic, and soon he had four.

11. All this time he kept inviting me to join him. He

said that if I would go out and sell abortions for

him, he would pay me $25 an abortion. I kept

App. 19

selling medical supplies, and finally the day came

when I needed to make more money. So I told him

that I was quitting my job; I wanted to go with another company. So, he got me on the fringe of the

abortion industry by asking me to go out and set

up referral clinics all over Texas, Oklahoma and

Louisiana. And I did that for a while and it was

quite profitable.

12. Then he asked me to work at one of the clinics for

a month. I got involved with the numbers. With

just a very few small changes, his abortions went

from 190-195 per month to over 400 per month. We

booked abortions for the Dallas and Fort Worth

clinics. The last month I was with him in those two

clinics, he was doing something over 800 abortions

a month. I personally participated in approximately 10% of the abortions performed at the two

facilities.

13. In addition to other duties, I was in charge of

training employees who we called “counselors.”

These counselors were not trained to counsel a

woman about her options or to provide accurate,

truthful information about an abortion. Information about fetal development or the risks of

abortion was not provided. We did not counsel our

patients as to the potential emotional consequences of having an abortion. What we did could

not be considered counseling. We learned how to

exploit their fears. We sold abortions. I believe that

states should require full and accurate informed

consent counseling and should require statistical

reporting to compile data for accurate informed

consent forms.

App. 20

14. The strategy of the abortion industry is to gain the

trust of young people by offering secrecy and

promiscuity via free and inexpensive birth control,

and then banking on their inevitable return when

pregnancy occurs. They would deliberately prescribe low-dosage birth control to help ensure that

pregnancies occurred. The goal was to get three

abortions out of each of their girls by the time they

graduated high school. The record was nine from

one girl.

15. It has been my experience that when a woman or

a young girl learns that she is pregnant, she may

not want an abortion. She may only want information. The person who answers the phone in an

abortion facility is paid and trained to be her

friend. Her job is to sell her an abortion by asking

questions and leading her to believe an abortion is

her only option.

16. Since I had doubled his business, I asked for an

equity interest in the business. He said no. I placed

my Yellow Page ad to come out in six months for

my own abortion clinic. We opened the first clinic.

And then I opened a second clinic in the Dallas

area. We did over 500 abortions a month in those

two clinics. I was compensated at the rate of

$25.00 per case, plus one-third of the clinic’s, so

you can imagine what my motivation was. I sold

abortions. I had made $150,000; was on target in

1983 to make about $260,000; and when we

opened our five clinics, I would have been making

about a million dollars a year. I expected to make

more than that after we were really functioning.

App. 21

17. Abortion is a very lucrative business. Abortion facilities sell abortions. They don’t sell keeping the

baby. They don’t sell giving the baby up for adoption.

18. It is becoming more lucrative with the RU-486 regimen. These medical abortions sell pills with minimal oversight and follow-up.

19. Since 2000 when the FDA approved the RU-486

regimen, I have met with women who have taken

RU-486. They have had more severe physical and

psychological complications than women who have

had surgical abortions. For example, the physical

issues include severe hemorrhaging and pain from

RU 486. In addition, some of the most severe postabortion syndrome occurs because the women actually see the baby being expelled.

20. Abortion facilities do not discuss the baby in accurate terms. Even when the women ask if it is a

baby, they say no, it’s a product of conception; it’s

a blood clot; it’s a piece of tissue. They do not even

really tell them it’s a fetus because that almost humanizes it too much. It is never a baby.

21. This is what causes such psychological trauma

certainly with RU-486 because the woman sees for

herself that she was lied to and it really is a baby

that she has just expelled in the toilet or shower.

22. They also mislead women as to what will occur.

For example, women ask if it will hurt. They say

no and explain that the uterus is a muscle and it

cramps to open it; a cramp to close it; it is a slight

cramping sensation. Because every woman has

had cramps, they think that it is like what they

App. 22

have experienced before. But women who have

taken RU-486 state that it is severe cramping like

they have never experienced before.

23. As recently as this month, I have worked with a

Houston woman who was given RU-486. Ten

weeks later, she thought she was pregnant again,

but when she went to the abortion facility she

learned she had an incomplete abortion. This time

a surgical abortion was done and she was sent

home with an IV in her arm. When she called the

abortion facility, she was told to meet them in a

park and they would take it out.

24. Many women who had abortions at my clinics had

major physical complications requiring hospitalization. Based on my experience, I now believe that

women should have been given accurate information about the physical and emotional consequences of abortion so that they could make an

informed decision.

25. I have seen how abortion affects women, babies,

men, and families. I have experienced surgical

abortion first-hand and counseled women who

have had the RU-486 regimen. This drug regimen

can have severe physical and psychological consequences for the women who take it. The State

should ensure that the FDA guidelines are being

followed by abortion facilities and off-label use of

the regimen which can cause greater harm should

not be allowed.

Further Affiant sayeth not.”

/s/ Carol Everett

Carol Everett

App. 23

SWORN TO AND SUBSCRIBED BEFORE ME, the

undersigned authority, on this 26th day of January ,

2024.

/s/ Maribel R. Mendosa

NOTARY PUBLIC IN AND

FOR THE STATE OF TEXAS

Notary Public Williams County,

Texas

[NOTARY STAMP]

My Commission Expires: June 1st

2027.

App. 24

APPENDIX D

Affidavit of Monty L. Patterson

STATE OF CALIFORNIA §

§

COUNTY OF ALAMEDA

KNOW ALL MEN BY

THESE PRESENTS

§

BEFORE ME, the undersigned authority on this

day personally appeared MONTY L. PATTERSON

who is personally known to me, and after being by me

first duly sworn according to law on her oath did depose and say that:

1.

“My name is MONTY L. PATTERSON. I am over

the age of eighteen (18) years of age and I am fully

competent to make this Affidavit. I reside in Livermore, California. I have personal knowledge of

the facts stated herein and the following is true

and correct.

2.

My daughter Holly was a beautiful 18 year young

woman. Unbeknownst to me until that fateful day,

Planned Parenthood prescribed my daughter an

unapproved/off-label mifepristone (commonly

known as RU-486, U.S. trade name Mifeprex, The

Abortion Pill) and misoprostol medical abortion

drug regimen. I first learned of it when I received

a call from the hospital stating that she was there

and in serious condition. Later that day, while at

her bedside, my daughter tragically died from an

infection known as Clostridium sordellii toxic

shock syndrome that was associated with a medically induced abortion.

App. 25

3.

This has been such a painful experience for our

family. I do not want to see any other family go

through what we have. Women need to have accurate and factual information regarding the potential risks of severe and life threatening sideeffects. They need a supportive network of providers and physicians assuring them they will be

properly prescribed and administered medical

abortion drugs, monitored throughout the entire

abortion process, and accurately diagnosed and

treated with the best of care when they have complications. Women need to make an informed decision that is in their best interest, safety, health

and welfare when considering an early pregnancy

termination. Holly did not have such information.

4.

Since her death, I have learned the true facts of

what happened to Holly.

HOLLY’S MEDICAL ABORTION EXPERIENCE

5.

In August 2003, Holly Patterson, then 17, discovered she had become pregnant by her boyfriend

who was seven years her senior. Like most young

women who have an unwanted pregnancy, Holly

did not want her parents to know about the pregnancy and sought abortion counseling at Planned

Parenthood in Hayward, California.

6.

On September 10, shortly after her 18th birthday,

the couple went to a Planned Parenthood clinic to

seek counseling on terminating her seven-weekold pregnancy. At this time, Holly was especially

vulnerable and dependent on adequate care and

advice from Planned Parenthood about any risks

App. 26

associated with the drug mifepristone and the

medical abortion regimen.

7.

After counseling by Planned Parenthood, Holly

decided to terminate her pregnancy with the

Mifeprex (mifepristone) abortion procedure and

would follow her provider’s advice about when to

take each drug and what to do in an emergency.

8.

There, she received the first of two drugs in the

mifepristone/misoprostol medical abortion protocol. At the clinic, Holly was administered an unapproved (off-label/modified/alternative/evidence-based)

regimen of 200-mg mifepristone orally which

blocks the hormone progesterone that is required

to maintain a pregnancy.

9.

At home, 24 hours later, on September 11, she followed the clinics off-label instructions to vaginally

insert 800-mcg of misoprostol to induce labor contractions and expel the fetus.

10. On September 13, Holly repeatedly called the

Planned Parenthood clinic hotline to complain of

severe cramping. She was told her symptoms were

normal and to take the clinic prescribed TylenolCodeine painkiller. Later, Holly called the clinic’s

hotline again and was told to go to a local hospital’s emergency room if the pain continued.

11. By September 14, Holly was still experiencing extreme cramping and bleeding, and visited the

emergency room of Valley Care Medical Center in

Pleasanton on the fourth day after her initial visit

to Planned Parenthood. The doctor there, whom

she told about her abortion, sent her home after

an injection of narcotics and yet more painkillers.

App. 27

12. The severity of the pain continued. Holly was

weak, vomiting, and unable to walk. In the early

morning hours of September 17, 2003, she was

re-admitted to Valley Care Medical Center. Holly

died on the seventh day after starting the mifepristone/misoprostol medical abortion regimen.

This was the same day she was scheduled to return to Planned Parenthood for a follow up visit to

make sure her abortion had been completed.

THE DAY HOLLY DIED – A FATHER’S EXPERIENCE

13. I first heard of the mifepristone abortion pill on

September 17, 2003. This was the worst day of my

life.

14. A call came, earlier that morning, while I was at

work. A nurse told me my 18-year-old daughter,

Holly, was in the hospital and in very serious

condition. I asked “What was wrong?” She said,

“Mr. Patterson, we’ll explain when you get here, be

careful, come as quickly as you can.”

15. I sped to the hospital which was near the San

Francisco suburb of Livermore, where Holly and I

lived. Once there, I found her in the intensive care

unit, barely conscious, too weak to talk, pale complexion, puffy faced, and struggling to breathe. It

absolutely made no sense. Holly, a beautiful, blueeyed blonde, was a fitness buff in perfect health.

16. As I looked into her confused and scared eyes I

could see she was trying to say “Dad save me.” I

called out and asked her if she could hear me. I

tried to comfort and reassure her: “Whatever it is

App. 28

Holly you’re going to make it. I know you’re strong.

Honey, squeeze my hand and let me know you understand.”

17. Trying to focus, Holly could barely squeeze my

hand. I felt so utterly helpless. While standing at

her bedside, the doctor came in and briskly explained, “We are doing everything we can for her,

but she might not make it. These things sometimes happen as a result of the pill.”

18. I was completely baffled. “What, the birth control

pill?” I asked. “No, the abortion pill,” the doctor replied. Shocked, I asked him, “What are you talking

about? What abortion pill?” “Oh,” the doctor said

awkwardly, “No one’s told you?” I stared at the doctor, “No, I don’t know anything, no one has told me

anything!” Holly was pregnant? Abortion?

19. The doctor now realized that I was completely in

the dark. He briefly explained Holly had undergone an “early medical pregnancy termination”

with the two-drug abortion regimen, mifepristone

and misoprostol. The doctor said, “Holly was suffering from an incomplete abortion and a massive

infection.” Her vital organs were starting to shut

down and her lungs were filling with fluid. “Septic

shock,” is what I was told.

20. Moments later the crisis had deepened. Holly’s

condition was deteriorating rapidly; the doctor

called for a ventilator, her blood pressure was

dropping. The monitors around Holly started

beeping in alarm.

21. I heard the panicked words “code blue!” and was

ushered from the room into the hallway. Staffers,

App. 29

nurses, and doctors raced down the hall and into

the room.

22. I remember our family crying and calling out

“Don’t give up! We love you, Holly!” Not being able

to take it any longer, I stormed back into the room

and threw back the curtain. I will carry that image

in my mind for the rest of my life. The hospital

staff was working frantically to save Holly’s fragile life. Someone was pumping on her chest trying

to resuscitate her, drugs were being administered,

and the monitors were sounding in alarm. Holly

had flat-lined.

23. Everyone looked at me in disbelief and sorrow.

Holly died just before 2 p.m. on September 17,

2003.

PLANNED PARENTHOOD’S

TREATMENT PLAN

ALTERNATIVE

24. Everything that could go wrong went wrong.

25. At 18 years old, Holly had her whole life ahead of

her. The decision to terminate an early pregnancy

by the mifepristone/misoprostol medical abortion

regimen was a fatal choice.

26. After Holly’s funeral, I learned she had been very

worried about continuing her unwanted pregnancy and had relied on Planned Parenthood’s advice on the safety and efficacy of medical abortion.

27. Planned Parenthood convinced Holly to choose the

medical abortion regimen option using Mifeprex

(mifepristone) and misoprostol. Her boyfriend had

stated the clinic made it seem that Mifeprex was

App. 30

a “miracle drug” and that medical abortion would

be like a “walk in the park.” The paperwork they

were given did not disclose any serious health

risks or deaths with the drug.

28. On September 10, 2003, Holly and her boyfriend

were shown a video about the benefits of the drug

and medical abortion procedure Holly would undergo at Planned Parenthood. The video was also

used to inform the patient how to use Mifeprex but

it did not actually have a demonstration of the actual off-label procedure for self-administration of

misoprostol at home.

29. Holly was given materials on the FDA approved

Medication Guide and Patient Agreement for administering the approved Mifeprex regimen.

30. The FDA’s approval in September 2000 of medical

abortion for pregnancy up to 49 days involved the

protocol: On day 1, the patient would receive three

200-milligram tablets of Mifeprex (mifepristone)

orally at the clinic and, on day 3, the patient would

return to the provider’s office to take two 200-microgram tablets of misoprostol orally. The patient

would return to the clinic on day 14 to confirm termination, and if not completed, a surgical (vacuum

aspiration) abortion would be scheduled.

31. Instead of the FDA approved regimen, Planned

Parenthood persuaded Holly to choose an off-label

treatment that emphasized: (a) research studies

for other treatment plans for mifepristone have

been shown to be equally safe and effective for

medical abortion up to 63 days pregnancy; (b) a

lower dose of 200 mg of Mifeprex (one pill) can be

used instead of the 600 mg (three pills) dose on the

App. 31

package labeling; (c) when the 200 mg dose of Mifeprex is used, the dosage and method of using the

second drug misoprostol, must be changed; (d) the

dose of misoprostol is then 800 meg (four pills) and

they are self-inserted high into the vagina instead

of orally, taking the second medication (misoprostol) at home instead of the clinic, inserting the

misoprostol pills at least 24 hours after taking the

first pill mifepristone; and (d) the off-label regimen

is acceptable to women and has been shown to

cause less nausea and vomiting than the FDA approved regimen.

32. Holly was provided a consent form for “Alternative

Treatment Plans for Mifeprex (mifepristone)”

where her consent was sought for the off-label

treatment rather than the FDA approved protocol

for Mifeprex. Based on these representations,

Holly signed the consent form consenting to the

off-label procedure.

33. Planned Parenthood had failed to disclose and inform Holly that research studies for “Alternative

Treatment Plans” were not submitted, reviewed,

scrutinized, or approved by the FDA. It would be

impossible for the FDA to know if the research was

unbiased, evidence supported home use of misoprostol, there was substantial evidence proving

off-label medical abortion regimens were safer and

more effective than the FDA approved protocol.

34. Planned Parenthood not only prescribed an offlabel alternative drug regimen to Holly but was

also responsible for full support and tracking of

her through the medical abortion process. I do not

believe there was proper monitoring, diagnosis of

App. 32

her condition or follow-up considering her calls for

help and assistance.

35. Alternative Treatment Plans for medical abortion

are promoted as safe and effective. The information Holly was able to obtain about mifepristone and medical abortion regimen cost my

daughter her life. Holly was an intelligent young

woman. She could have made a better informed

choice if she had known the accurate facts and the

full extent of the risks associated with the procedure to terminate early pregnancy.

A FATHER’S EFFORTS TO BRING SAFETY ISSUES TO THE ATTENTION OF REGULATORY

AUTHORITIES, SCIENTISTS AND THE PUBLIC

36. The impact of Holly’s death on family and friends

was devastating. I wanted answers to my questions as to how a perfectly healthy young girl could

succumb to death so quickly after a medical abortion procedure. Holly’s death left us all in shock.

We didn’t know what to think except something

was terribly wrong. I was going to find out what

happened and do something about it.

37. Since Holly’s death, I have spent thousands of

hours on the computer, the phone and traveling to

conduct research on mifepristone and the medical

abortion procedure. I have talked to and met with

government regulatory and scientific authorities,

legislators, scientists, the media, political activists

and even women who had experiences with the

drug to learn what happened to Holly.

App. 33

38. Over the years I had amassed an archive of information on mifepristone/misoprostol for use in

medical abortion. Since Holly’s death, I traveled to

Washington D.C, to meet with FDA and White

House officials to share my findings and pose my

questions, attended a CDC/FDA/NIH Clostridium

workshop in Atlanta Georgia, testified before the

House Subcommittee on Criminal Justice, Drug

Policy and Human Resources that was investigating the approval, safety, and handling of mifepristone by the FDA, and was instrumental in getting

black box warnings put on the labeling of mifepristone (RU-486).

39. On October 31, 2003, the Alameda, California coroner’s office issued a report concluding that Holly

Patterson died from Septic Shock, due to endomyometritis (uterus related blood infection), due to a

therapeutic, drug induced abortion. After receiving the coroner’s report, I wanted to know exactly

what kind of infection killed Holly. I worked with

the coroner, state, and federal agencies to help me

get the answers.

40. Planned Parenthood & Valley Care Hospital Failure to Report Holly’s Death to the State of California: On February 25, 2004, I released a media

statement about findings from the State of California Department of Health Services (DHS) which

concluded their investigation with Planned

Parenthood of Hayward and Valley Care Medical

Center in Pleasanton. The findings were as follows: (a) Valley Care Hospital failed to notify the

Department of Health Services of an unusual

death of a very young adult who received drugs

for early medical abortion. Hospital staff did not

App. 34

report the death because they felt it was not a reportable death and disagreed with the DHS findings; (b) Planned Parenthood’s Vice President of

External Affairs stated the incident was not reportable to the DHS because Holly died in a hospital. The DHS informed the Vice President that

Holly was under the care of the clinic at the time

of expiration and the death was due to sepsis following use of prescribed early abortion medication, it was an unusual event and reportable to the

Department of Health Services; and (c) Planned

Parenthood failed to obtain Holly’s signature for

the “Request for Provision of Surgery or Other

Special Services/Procedures with Medical Abortion.” The DHS found that the informed consent

was to list the use of mifepristone (Mifeprex) and

misoprostol and was not signed.

41. I was appalled by the lack of accountability of

Planned Parenthood and Valley Care Medical

Center for failure to report Holly’s death to the

State of California DHS. Hospitals and abortion

providers must be accountable and responsible for

the reporting of serious adverse events and deaths

to the proper State agencies, regulatory authorities, drug manufacturer and the FDA to monitor

and evaluate the safe use of medical abortion

drugs.

42. With respect to Planned Parenthood not obtaining

Holly’s signature on the proper forms, according

the DHS, the clinic had failed to implement its

own written policy and procedure. Informed consent is an extremely important issue with these

dangerous drugs and it is critical that a patient be

App. 35

fully informed of the procedures, administration,

and risks involved with medical abortion.

43. On September 15, 2004, I met with top FDA officials in Washington D.C. to discuss my five page

list of concerns questioning: (a) FDA action after

the death of Holly Patterson; (b) the properties of

mifepristone that can suppress the immune system and cause infection; (c) safety issues with offlabel Mifeprex (mifepristone) regimens commonly

used by the majority of providers; (d) the insufficiencies and lack of adverse event reporting by

physicians and providers; (e) drug manufacturer

and abortion provider accountability issues; and

(f ) the controversies of the Mifeprex approval and

manufacturing process.

44. On October 20, 2004, after persistent and continuous contact with the FDA, the agency informed me

the Center for Disease Control and Prevention

(CDC) reported that Holly had tested positive for

Clostridium sordellii toxic shock syndrome following mifepristone/misoprostol medical abortion.

45. Holly’s death was the first reported case of a

Clostridium sordellii toxic shock infection associated with medical abortion in the United States.

However, two years prior, on September 1, 2001,

the first fatality ever reported to the FDA and

the medical abortion community was that of a

Canadian patient who was prescribed the off-label

regimen of 200 mg oral mifepristone, followed by

800 mcg vaginal misoprostol (the same regimen

as given the Holly Patterson) during a clinical

trial.

App. 36

46. On November 12, 2004, the FDA and the drug

manufacturer (Danco Laboratories) issued “Dear

Health Care Professional” and “Dear Emergency

Room Director” letters to inform of updated prescribing information which includes the Medication Guide and the Patient Agreement. A

summary of updated warnings included: (a) infection and sepsis; (b) vaginal bleeding; and (c) ectopic pregnancy.

47. On November 15, 2004, more than a year after

Holly’s death and three years after the Canadian

death, the FDA announced important labeling

changes made by the manufacturer for mifepristone (trade name Mifeprex, RU-486). The new

warnings to health care providers and patients included changes to the existing black box on the

product to add new information on the risk of serious bacterial infections, sepsis, and bleeding and

death that may occur following any termination of

pregnancy, including use of Mifeprex.

48. On July 19, 2005 the FDA issued a “Public Health

Advisory for Mifepristone” highlighting the risk of

sepsis or blood infection when undergoing medical

abortion using Mifeprex and misoprostol in a manner (off-label) that is not consistent with the approved labeling.

49. On November 4, 2005 the FDA updated their

“Public Health Advisory: Sepsis and Medical Abortion” confirming four cases of fatal infection tested

positive for Clostridium sordelli and all providers

of medical abortion and their patients need to be

aware of the risks of sepsis.

App. 37

DEATHS FROM INFECTION AFTER MIFEPRISTONE OFF-LABEL USE

50. Subsequently, there were other clostridium sordelli

deaths only months after Holly died.

51. On December 29, 2003, 21 year-old Vivian Tran

died in Las Vegas six days after taking an off-label

Mifeprex (mifepristone) regimen. The circumstances surrounding her death are almost identical to those of Holly Patterson and the Canadian

clinical trial patient. Vivian Tran’s death remained unreported until April 2005 until a family

lawyer reported the case to the FDA.

52. On January 14, 2004, 22 year-old Chanelle Bryant

died in Pasadena six days after taking an off-label

Mifeprex regimen. Her case, too, was similar to

those of Holly Patterson, Vivian Tran and the Canadian patient. Despite the seriousness of the fatal event, Ms. Bryant’s death was not reported to

the FDA until August 2004.

53. On May 24, 2005, 34 year-old Oriane Shevin died

in Southern California five days after taking an

off-label Mifeprex regimen. Once again, her case

was similar to Holly Patterson, Vivian Tran, Chanelle Bryant, and the Canadian patient.

54. Since 2001, there have been 11 reported deaths

from sepsis (serious infection involving the blood)

and 9 of these were from Clostridium sordellii.

55. Leading scientists and physicians have been examining mifepristone’s role in medical abortion

where its use may impair a woman’s immune response and predispose her to lethal infection

App. 38

caused by Clostridium sordelli and other pathogens.

56. Of these 11 reported deaths from sepsis, 10 women

were confirmed to have been administered a medical abortion drug regimen that was non-registered, off-label, not approved or recognized by the

FDA.

57. The First European Death from Clostridium sordelli Following Medical Abortion: On May 6, 2011,

I informed and reported to the FDA the first

known European sepsis death of a 16 year old

adolescent girl to be associated with Clostridium

sordellii fatal toxic shock syndrome postmedicalabortion in Portugal. This international case is being investigated as part of the ongoing review of C.

sordellii medical abortion deaths that includes my

daughter, Holly Patterson and other women in the

United States and Canada. The relevance of this

information suggests that C. sordellii fatal toxic

shock after medical abortion must be recognized

as a global concern.

PLANNED PARENTHOOD CHANGES TO ANOTHER ALTERNATIVE TREATMENT

58. Planned Parenthood continues to violate the FDA

approved protocol through its off-label use of mifepristone and misoprostol for medical abortion.

59. From 2001 through March 2006, Planned

Parenthood provided medical abortion principally

by a regimen of oral mifepristone followed 24 to 48

hours later by vaginal misoprostol.

App. 39

60. Prompted by deaths and rates of serious infections

from medical abortion, in early 2006 Planned

Parenthood changed the route of misoprostol administration from vaginal to buccal (between

cheek and gum) in an effort to fix the problem.

61. After abortion providers had switched to the so

called “new and improved” off-label medical abortion regimen, on July 4, 2007, an 18 year old previously healthy woman died from a Clostridium

sordelli infection, 8 days after being prescribed

the unapproved/off-label regimen of oral mifepristone/buccal misoprostol to terminate her early 6.5

week pregnancy.

ADVERSE EVENTS & ALTERNATIVE OFF-LABEL TREATMENTS

62. Prior to Holly Patterson’s death on September 17,

2003, there were hundreds of adverse events reported to the drug manufacturer and the FDA concerning the use of Mifeprex (mifepristone).

63. The Mifepristone U.S. Post-Marketing Adverse

Events Summary for December 31, 2022 reports

the following statistics from September 28, 2000

to December 31, 2022: there were 4,218 adverse

events; 1,049 hospitalizations; 604 loss of blood

requiring transfusions; 418 infections including

severe infections; 97 ectopic pregnancies; and 32

deaths. I believe adverse event reporting is under

reported. The requirement to report should not be

discontinued.

64. Since it has been reported that only 4% of providers are using the FDA approved protocol, the

App. 40

majority of women who have been reported to have

experienced adverse events were administered offlabel Alternative Treatment Plans that were not

recognized by the FDA.

65. It is noteworthy, that the FDA estimates 1 to 10

percent of all adverse events associated with the

use of prescription drugs are reported to the

agency.

66. There is no question, with regards to Mifeprex

medical abortion, there is under-reporting and the

extent is truly unknown. With the current voluntary system of adverse event reporting there appears to be a strong indication that potentially

hundreds if not thousands of women have had serious infections, complications, or possibly have

died after medical abortion with mifepristone and

misoprostol than previously reported.

SUMMARY

67. My extensive work and research on mifepristone

and medical abortion has been instrumental in

bringing health and safety problems to the forefront of regulatory authorities, the press, and the

scientific and medical community. This work has

helped raised awareness instrumental in changes

that were made to the Mifeprex label in November

2004 adding the black box warning, having the

November 2004 “Dear Doctor” letters sent to emergency room directors and medical abortion providers, and in the organization of the May 11, 2006

Clostridium sordelli Workshop in Atlanta.

App. 41

68. Litigators for abortion providers have made inaccurate and misleading statements to the media

about the women who have died from mifepristone

medical abortions by stating “Those cases were investigated by both the FDA and the CDC and

there was absolutely no causal relationship found

between those unfortunate deaths and the medications that had been used.” However, it is important to note, the 2004 and 2005 mifepristone

black box warnings and labeling changes were revised to include: warning about a clinically significant hazard as soon as there was reasonable

evidence of a causal association with a drug; a

causal relationship need not to have been definitely established.

69. Planned Parenthood and other medical abortion

providers have continued to practice the promotion of alternative treatment plans or off-label use

of Mifeprex, which has not been recognized by the

FDA, resulting in serious health complications,

injuries and deaths in women.

70. The drug manufacturer, abortion providers and

their affiliates each owes a duty to the patient to

ensure that medical abortion is safe and effective.

It is critical that the safety of all medical abortion

procedures are unbiased and have been properly

researched, investigated, and monitored. All risks

and knowable dangers must be properly communicated to doctors and patients.

71. Planned Parenthood had a duty of care to their patient, Holly Patterson, with an obligation to act

solely in her interests, and specifically disclose information, in an easy to understand manner, all

App. 42

known risks and health problems associated with

the medical abortion.

72. Based on Holly’s experience, I believe Planned

Parenthood performed their professional duties

below the standard of care practiced by physicians

and healthcare professionals in the community by:

(a) failing to fully inform her regarding all potential risks of severe and life threatening side effects; (b) failing to inform her the safety of

Alternative Treatments Plans had not been established by the FDA; (c) failing to get her signature

on an important informed consent form; (d) failing

to properly monitor, diagnose/and or treat her after the treatment began; and (e) failing to report

Holly’s death to the State of California Department of Health because they did not consider it

their responsibility because she had died in a hospital and not at one of their clinics.

73. Women are relying upon what they believe is factual information along with a supportive network

of providers assuring them of the drug’s safety and

effectiveness. That wasn’t the case for my daughter, Holly Patterson, as well as thousands of other

women who have participated in their own “at

home” off-label medical abortion procedure.

74. No woman should risk her life or her health because she lacks factual and accurate medical abortion information to make a well-informed decision

when terminating an early pregnancy with mifepristone (RU-486) and misoprostol.

75. I built the website, Abortionpillrisks.org – Just the

Facts, is a way for women, families, and the public

App. 43

to learn about the factual risks of RU-486 medical

abortion.

76. It is also my belief that mifepristone (RU-486)/

misoprostol for medically induced abortions

should be removed from the market because it is

can be dangerous to the health, safety and welfare

of women.

77. Had Holly Patterson known of the full extent of

the risks and dangers associated with mifepristone and misoprostol, she would not have taken

the medical abortion drug regimen or would have

obtained the help or care necessary to save her life.

Further Affiant sayeth not.”

/s/ Monty L. Patterson

Monty L. Patterson

SWORN TO AND SUBSCRIBED BEFORE ME, the

undersigned authority, on this 3rd day of Feb. 2024.

/s/ Khushbu P. Javiya

NOTARY PUBLIC IN AND FOR

THE STATE OF CALIFORNIA

Notary Public, ALAMEDA

County, California

[NOTARY STAMP]

My Commission Expires:

Sep. 20, 2026