12 nurses, settling lawsuit, won't have to aid abortions

NEWARK, N.J. - Twelve nurses who sued one of the state's largest hospitals after claiming that they were forced to assist in abortions over their religious and moral objections reached a deal Thursday with their employer in federal court.

Under the agreement, the 12 nurses in the same-day surgery unit of the University of Medicine and Dentistry of New Jersey can remain in their current positions and not be compelled to assist in any part of an abortion procedure.

The nurses must help only in a life-threatening emergency if no other non-objecting staff members are available and only until someone can be brought in to relieve them, according to the agreement.

Fe Esperanza Racpan Vinoya, one of the plaintiffs who said she opposes abortion on religious grounds, said she was happy that the agreement meant she and her colleagues would not have to assist in any aspect of an abortion.

Despite the ruling specifying that the nurses would not be discriminated against, Racpan Vinoya said she was still nervous that they would be transferred, have their hours cut, or be otherwise punished for having sued.

"I'm still scared about the part of them having four nurses brought in, and we might become the surpluses," Racpan Vinoya said.

Matt Bowman, an attorney with the Alliance Defense Fund, a coalition of Christian lawyers and organizations that represented the nurses, said they were satisfied with the agreement.

An attorney representing UMDNJ, Edward Deutsch, said the school was pleased the case was resolved.

"It's an appropriate resolution, and the hospital has been very accommodating," he said.

The agreement was mediated by U.S. District Judge Jose Linares. Linares said his understanding of the agreement was that the nurses would be allowed to remain in the unit and would not be discriminated against because of their position on abortion, but he declined to rule on how the hospital had to staff its shifts, saying that was an issue governed by contract rules and subject to collective bargaining.

Linares said he would retain jurisdiction over the case to rule on enforcement or any disputes that might arise.

Racpan Vinoya and two other nurse plaintiffs attended court Thursday. All but four nurses in their unit had signed on to the lawsuit filed Oct. 31 after they said they were notified in writing the previous month that the hospital's new policy would require same-day surgery unit nurses to assist in abortions.

The nurses claimed in the suit that the hospital was compelling them to undergo training that involved assisting in abortions and had indicated that they could be subject to termination if they did not comply.

Racpan Vinoya and others said they had made their objections known to their supervisor and to hospital officials and their concerns were dismissed or ignored.

The hospital denied those claims, saying nurses were not compelled to participate, or even be in the room, during a procedure to which they objected on cultural, religious, or ethical grounds.

Linares complimented both sides for reaching an agreement after several hours of discussions. He said it wasn't an easy case to resolve considering it revolved around a highly emotional issue and involved the complexities of the hospital's obligations to its patients.