Alliance Defending Freedom

They Said ‘No!’:  What happened when 12 nurses refused to participate in abortions

Alliance Defending Freedom
By Alliance Defending Freedom
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January 14, 2013 (ADF) - Nurses in a big city hospital never know what a day's shift will bring – straightforward cases or medical miracles, major crises or minor first aid. Whatever her station, whatever the duty of the moment, a nurse tries to ready herself for anything. But some things, you just can't see coming.

It was Beryl Otieno Ngoje's turn to work the desk in the Same Day Surgery Unit at the University of Medicine and Dentistry of New Jersey (UMDNJ), in Newark. She was busy with the usual administrative duties – filing charts, handing out forms to the patients, answering visitors' questions – when another nurse hurried up beside her.

"Oh, something just happened, you won't believe it," the woman said, visibly excited. "I have it in my hand." She held up a clenched fist, palm up. "I have it in my hand," she said again.

"What do you have in your hand?" Beryl asked, bemused at the woman's demeanor.

"Do you want to see?"

"Yes," Beryl said – and instantly regretted it.

The other nurse opened her hand to reveal the tiny, tiny form of a baby, just aborted.

"I felt like somebody had just hit me with something in my face," Beryl remembers.

She began to cry, to the consternation of her coworker.

"I'm sorry – I didn't know you were going to react like that," the woman said.

It was a moment that seared Beryl's soul and haunted her memory, and it would come back often, in the days ahead. For the other nurse was not just a co-worker, but her manager... with the power to hold not just an unborn baby, but Beryl's career in the palm of her hand.

The dozen-or-so nurses of the UMDNJ Same Day Surgery Unit – like nurses at any other hospital – are a lively mixture of backgrounds and personalities. Beryl, a native of Kenya, is a quiet ICU specialist who's been with the hospital for over 15 years. Fe Esperanza Racpan Vinoya, a veteran of the ER and ICU, is from the Philippines, and speaks with cheerful delight about her love for music and for her church. Lorna Mendoza has been a nurse for 25 years, at University for more than a dozen, and takes both her work and her Christian faith very seriously.

"We high-five each other," Beryl says, "Most of us are there 12 hours, and that is a good portion of your day. It is important that you get along and feel relaxed and free."

Because: "you get to socialize a lot," Fe says. "You're less busy here than in the ER."

The nurses of Fe's unit are responsible for monitoring, medicating, and placating patients going into and coming out of surgery. That means a lot of bedside comfort, encouragement, and interaction with both patients and their families, so conversations between coworkers tend to be quick exchanges in the hallway or on break. What the nurses share, more than close friendship, is delight in and commitment to a job they love.

"It's a noble job," says Fe. "Very fulfilling... a healing profession. Everything you do for the patient just makes them feel better, and satisfies my entire being, because I've helped someone."

"A lot of people don't realize... we usually see somebody at their worst," Beryl says. "They're not perky, happy – they're ailing and hurting. They just want somebody to be there. I can make a difference. I can help in whatever little way. I find that very gratifying."

All operations on this unit are elective – that is, the patient chooses to have a specific procedure done: a tonsillectomy, a hernia repair, the removal of cataracts. And, sometimes, an abortion.

Not the kind of abortion where the mother's life is in danger, Beryl says. "They just choose to end it. These are people who go to the doctor and say, 'Look, I don't want this pregnancy.' The age range is mostly teenagers – 13-, 14- and 15-year-olds – and a lot of times, they come back."

"To some, it's like contraception," Fe says. "Five or six times, you see them there."

If she ends up talking to those patients, she says, "I always tell them, 'I'll be praying for you, and I hope that this is the last time I'll see you doing this kind of procedure.' I can see in their faces how guilty they feel, the guilt in their hearts." Many say, "Yes, definitely this is my last time."

And yet, so often, they come back.

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Fe knows, all too well, about that guilt in their eyes. Twenty years ago – still new to America, still learning the language and culture, just getting the hang of her first nursing job – she found she was pregnant. But her doctor said the number of rubella antibodies in her blood was too low, and posed far too great a risk for the baby. He urged her to get a therapeutic abortion.

Fe and her husband pressed the doctor repeatedly – was this absolutely necessary? He assured them it was, and, out of their depth in a new country, they didn't realize they had any choice. Fe soon found herself in a clinic, surrounded by half-a-hundred teenagers, all waiting their turn to abbreviate the life in their wombs. Fe sat with her husband and sister.

"We were the only ones crying," she says.

Right up until the moment of the procedure itself, Fe was on the phone with her doctors, trying to get their okay not to end her baby's life. But her pediatrician and the specialist were adamant, and she went through with what they told her to do. The decision has troubled her ever since.

"I wasn't able to sleep for a long time," she says. "It took me years to just feel that, okay, it's done. I asked for forgiveness. The Lord knows my heart, that I didn't want to have that happen."

Within a year, Fe was pregnant again. She is now the mother of three... yet her thoughts linger, sometimes, on the one she lost. The experience makes it that much harder, she says, to watch the young teenagers come through to eliminate a child just because it might complicate their lives. She knows how their hearts will be haunted in ways they can't imagine now.

Which is why she was horrified to learn that she was being ordered to help with their abortions.

The change came in September of 2011, with the news that a peer was being promoted. Though employed in the same unit as Fe, Beryl and the rest, this particular nurse had long been assigned to a special team that carried out the abortions without any involvement or assistance from other nurses on the Same Day Surgery floor. The abortion team had always drawn its staff from nurses who had expressed no qualms about helping end a child's life.

Promoted from that team to a supervisory position over all the nurses, the new assistant manager announced that – since she and others had to help with abortions – she saw no reason why every nurse shouldn't help. Hospital officials agreed, and passed a new, mandatory policy to make it so. The assistant manager quickly set up a training program that would give each nurse on the unit hands-on experience in how to assist with and clean up after abortions.

"As long as you work here," she told the 12 nurses who openly protested, "you're going to have to do it. If you don't, you're going to be fired or transferred out."

"We were all shocked," Fe says. "All these years I've been a nurse, I was never told to help kill children."

But the managers remained adamant. Hospital administrators supported them. When the nurses brought up a long-standing, in-writing agreement exempting them from taking part in abortions apart from a medical emergency, officials told them "an emergency" would hereafter be defined as any situation in which the patient was "bleeding." And every birth involves bleeding.

"I knew we were going to lose our jobs," says Lorna, who, at one point, amid the flurry of discussions with the managers, was asked to provide a patient with a bedpan. Retrieving it, she found an aborted baby inside. Horrified and sobbing, she called for help, telling the manager who responded, "I don't know what to do with this. I can't do this." She soon found herself in the office of the vice president of nursing, where she was accused of refusing to help patients and threatened with termination. She wasn't the only one called in.

"Our jobs were hanging by a string," Beryl says. "We were like, 'All right. If they're going to fire all 12 of us, fine. But this is against what we believe God wants us to do.' We didn't come into this profession to do [abortions]. We told them we weren't comfortable with it and didn't feel they should force us. And if that meant our jobs, well... God was going to provide."

When even their own union declined to help them, Fe wrote a letter to hospital officials saying that she and her coworkers would not participate in abortions. She passed it around for the other nurses; 15 signed it. She gave the letter to her manager, who took it to the director of nursing.. Response was swift. A meeting was called for the next day, with each of the signing nurses, the labor board, a union official, the managers, and "an expert on ethics" scheduled to be on hand.

The day of that announcement, Pastor Terry Smith, of Life Christian Church in West Orange, New Jersey, returned from a trip. A staff member told him that one of his parishioners – Fe – had called, shared what was happening at the hospital, and asked for advice. The pastor immediately phoned Len Deo, president of the New Jersey Family Policy Council.

"I'll be all over this," said Deo, who hung up and called Alliance Defending Freedom. Shortly afterward, staff attorney Matt Bowman was on the phone with a local allied attorney, Demetrios Stratis, enlisting him to help defend the nurses. The two immediately called Fe.

"I remember... I was driving and speaking to them three-way," says Fe, who had just been convincing herself the nurses' case was hopeless. "I didn't know a thing about conscience law – it was very, very new to me." The two told her she had a legitimate case, and offered to defend her. Best of all, Stratis said he could be on hand for her meeting with the managers the next day.

"Is there a catch?" Fe asked. Visions of sky-high attorneys' fees danced in her head.

"No catch," Stratis said. "We're pro bono lawyers." Fe drove home in a daze.

Next morning, she met Stratis at the hospital entrance. She took him upstairs to the Same Day Surgery Unit and introduced him to the nurses on duty and others waiting for the meeting. Twelve of the 15 immediately agreed to have him and Bowman represent them in the case.

"A godsend," Beryl says. "We had no idea which way to go. It was like something from heaven just dropped in our lap at the right time. It boosted our morale a lot." It did considerably less for the morale of the nurse managers and others gathered for the meeting, who had not reckoned with the nurses hiring outside counsel.

"Who are you?" a manager asked Stratis.

"He's our attorney, and he is going to speak on our behalf," replied Fe. Everyone split into huddles – Stratis and the nurses in one room, administrators in another. After a few minutes, the nurse manager came to cancel the meeting, but not before Stratis made it clear that he would be defending "my clients' legal right not to be forced to participate in terminating a pregnancy."

"It was like we had been talking to a brick wall, and that brick wall just got smashed," Fe says. "We were very happy after that. It gave us a sense of hope."

Stratis and Bowman reminded hospital officials – face to face and in writing – that their new policy transgressed both state and federal laws that make it illegal to compel medical professionals to violate their conscience by forcing them to help with a non-emergency abortion. With their actions, the hospital was not only risking a lawsuit, but more than $60 million in federal funding. Still, administrators stubbornly contended that all abortions in the Same Day Surgery area – each scheduled weeks in advance – were "emergencies."

"These surgeries are, by definition, elective, outpatient procedures," Bowman says. "If they weren't, the ER is just 30 seconds away." Plus, he points out, "these are pre- and post-operative nurses. They're not even supposed to be there for a surgery, whether it's abortion or not."

To get around that, he says, the abortion team "would give a woman a pill that induced labor, give it in the pre-op area, and leave her there. After a couple of hours, she'd start going into labor." And now, she was outside the surgical area – in a section for which the 12 pro-life nurses were responsible.

With the hospital unwilling to budge, Alliance Defending Freedom filed suit on behalf of the 12 nurses to defend their legally protected right of conscience. Their managers, meanwhile, insisted on including the 12 in abortion training, which included interactions with abortion patients and handling dead babies. Three were forced to take part before the nurses enlisted Bowman and Stratis. Once hired, though, the two quickly obtained an injunction that prevented other nurses from having to undergo training the following day.

One of the three forced to train did not quite accomplish, perhaps, what her managers had in mind. During her shift, a patient expressed reluctance to go through with the procedure. The nurse talked with her awhile, then – at her request – quietly brought in the woman's husband. After a bit, the woman dressed and they left... having decided not to have the abortion.

For weeks, the 12 nurses worked in a decidedly tense environment. "It was scary," Beryl says. "We prayed a lot. We came into work and stepped off the elevator and said, 'God just let the day go by well, without incident' – because we had our incidents. It was very, very uncomfortable." The 12 drew strength, she says, from each other, from praying friends, and from their faith that, "Our God is greater than this."

As a court date drew nearer, the hospital came up with another threat: if the 12 would not help with abortions, administrators would hire nurses who were willing to do so. Soon, officials intimated, there might not be work enough for everybody... in which cases those nurses willing to do anything might well enjoy greater job security than those only willing to do most things.

Amid all the tension, threats, and growing media coverage, the judge in the case stunned everyone by suddenly announcing, in a preliminary hearing, that a settlement had been reached.

"We had gotten everything [the 12 nurses] requested," Stratis says. "We'd gotten the hospital to agree not to force them to perform these abortions. There would be no retaliatory measures against them, and they could feel free and sleep at night, knowing that the next day they would not have to be trained on the abortion process or help a woman kill an innocent child."

"I was crying – really crying," says Lorna, who heard the news from one of the other nurses. "And very thankful. The next day, I went to work, and all of us were hugging and very happy."

"Before, I used to think that some prayers won't be answered," Fe says. "Sometimes, I'd feel very hopeless. But with this case, I saw how the Lord moves... providing the resources, the people who would help us out. It just strengthened my faith. I really thank God for Alliance Defending Freedom."

"I'm not sure I know where we'd be today if it wasn't for them, really," Beryl says. "We were up against some really big guns, and Alliance Defending Freedom was determined to support us."

"This case took an emotional toll on all of these nurses," Stratis says. "To stand up, to be part of a lawsuit against their employer, is very, very hard to do. There was a lot at stake. Some were the sole breadwinners for their family. Being faced with termination of their job or standing up for their faith... that is a very, very difficult decision, especially in these economic times."

But "I couldn't do what they were asking me to do," Beryl says. "I could not. You go against what you believe, what are you? What's left? Just a shell of what you are."

Spoken like a woman whose conscience is in good hands.

Reprinted with permission from Alliance Defending Freedom.http://www.alliancedefendingfreedom.com

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Cardinal Raymond Burke, prefect of the Apostolic Signatura, speaks to Thomas McKenna of Catholic Action Insight. Catholic Action Insight
Hilary White Hilary White Follow Hilary

Catholics shouldn’t sue one another: Cardinal Burke comments on Fr. Rosica’s lawsuit against blogger

Hilary White Hilary White Follow Hilary
By Hilary White

ROME, March 2, 2015 (LifeSiteNews.com) – Citing Scripture, Cardinal Raymond Burke told an interviewer this week that Catholics should not sue each other: “Our Lord in the Gospel and St. Paul in his First Letter to the Corinthians instruct us not to take our disputes to the civil forum, that we should be able, as Catholics, to resolve these matters among ourselves.”

The cardinal’s comments to the Traditionalist Catholic website Rorate Caeli follow an uproar in the Catholic media world last week when it was revealed that Vatican spokesman Father Thomas Rosica has threatened to sue a Canadian blogger for defamation in the civil courts.

Cardinal Burke, who served under Pope Benedict XVI and Pope Francis as the head of the Vatican’s highest court, is a noted expert on canon law. He told Rorate Caeli, “Unless the blogger has committed a calumny on someone's good name unjustly, I certainly don't think that that's the way we as Catholics should deal with these matters.”

“I think contact should be made. I presume that the Catholic blogger is in good faith, and if there’s someone in the hierarchy who is upset with him, the way to deal with it would be first to approach the person directly and try to resolve the matter in that way,” Burke added.

Fr. Rosica, a Canadian Basilian, is the English language press officer for the Vatican and founder of the Toronto-based Salt and Light Television network.

He sent the legal letter to David Domet, a Toronto music composer and part-time Catholic blogger who has long criticized what he says are Fr. Rosica’s departures from Catholic orthodoxy. The priest’s lawyer told Domet to remove nine separate items from his blog and apologize, but added that this would not necessarily remove the threat of the civil action.

The conflict was covered in a feature by Michael Voris’ Church Militant TV, and the internet’s Catholic blogger world exploded with indignation. So furious was the backlash that it got coverage by the US conservative news site, Breitbart. This followed dozens of blog posts, nearly unanimously calling the threatened legal action of a well-placed priest against a lay pensioner a “PR disaster” for Rosica. 

The uproar has launched Domet’s small blog, Vox Cantoris, into the international limelight, and has earned Fr. Rosica an avalanche of criticism. “Though Rosica publicly defends the right to freedom of speech and press, he is attempting to silence the blogger who has criticized him,” Austin Ruse, president of the Catholic Family and Human Rights Institute, wrote for Breitbart.

Among Domet’s criticisms of Fr. Rosica is his apparent support for the proposal by Cardinal Walter Kasper to allow divorced and civilly remarried Catholics, and others in “irregular” sexual unions, to receive Holy Communion.

Fr. Rosica has also recently come under fire for comments he made a year ago, in a lecture in Windsor, Ontario, in which he argued that Catholic doctrine could change. (See video below. Quotes can be found at 48:12.)

“Will this Pope re-write controversial Church doctrines?” Fr. Rosica said in the lecture, which was posted to Youtube. “No. But that isn't how doctrine changes. Doctrine changes when pastoral contexts shift and new insights emerge such that particularly doctrinal formulations no longer mediate the saving message of God's transforming love.”

Fr. Rosica continued: “Doctrine changes when the Church has leaders and teachers who are not afraid to take note of new contexts and emerging insights. It changes when the Church has pastors who do what Francis has been insisting: leave the securities of your chanceries, of your rectories, of your safe places, of your episcopal residences go set aside the small-minded rules that often keep you locked up and shielded from the world.”

In the Rorate Caeli interview, Cardinal Burke refuted the idea that the Church can change its “pastoral practice” without changing doctrine.

“I think it’s very important to address a false dichotomy that's been drawn by some who say, ‘Oh no, we’re just changing disciplines. We’re not touching the Church's doctrine.’ But if you change the Church’s discipline with regard to access to Holy Communion by those who are living in adultery, then surely you are changing the Church's doctrine on adultery.”

“You’re saying that, in some circumstances, adultery is permissible and even good, if people can live in adultery and still receive the sacraments. That is a very serious matter, and Catholics have to insist that the Church’s discipline not be changed in some way which would, in fact, weaken our teaching on one of the most fundamental truths, the truth about marriage and the family,” Cardinal Burke said.

Fr. Rosica recently criticized Cardinal Burke on his Twitter account by posting an article by Washington, DC’s Cardinal Donald Wuerl on “dissent” in the hierarchy, saying, “Cardinal Wuerl’s response to Burke (and dissenters).”

The priest has also had a confrontational relationship with the pro-life movement for years.

In 1996, Fr. Rosica called the police on pro-life advocates who were leafletting in protest at a lecture by famous dissident Gregory Baum at the University of Toronto’s Newman Centre.

In 2009, Fr. Rosica wrote against objections to the lavish Catholic funeral for US Senator Ted Kennedy’s in Boston. He excoriated the pro-life movement for what he called their lack of “civility.”

“Civility, charity, mercy and politeness seem to have dropped out of the pro-life lexicon,” Fr. Rosica wrote. “To recognize and bring out the sin in others means also recognizing one’s self as a sinner and in need of God’s boundless mercy.

“Let us pray that we will become more and more a people, a church and a community overflowing with mercy.”

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Greg Rohrbough, J.D.

Duck Commander Phil Robertson’s CPAC speech was viral in so many ways

Greg Rohrbough, J.D.
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Last week, the winner of the 2015 Citizens United/CPAC Andrew Breitbart Defender of the First Amendment Award was “Duck Commander” Phil Robertson, paterfamilias of the Duck Dynasty Robertson family. In doing so, they were giving Phil the CPAC stage for a speech, knowing that he would speak his unvarnished thoughts. One doubts they expected his topic.

After bringing out his heavily-duct-taped Bible and telling politicians to keep theirs with them, Phil went on the offensive – against sexually transmitted diseases (STDs). He quoted the federal Centers for Disease Control, which estimates that more than 100 million Americans now have a sexually transmitted infection.

“I don’t want you to become ill. I don’t want you to come down with a debilitating disease. I don’t want you to die early,” Robertson said.

Phil’s solution? One older than Christianity, as old as common sense itself. “If you’re disease-free, if she’s disease-free, you marry. You keep your sex right there. You won’t get sick from a sexually-transmitted disease!”

Logic and mathematics would seem to agree. According to Robertson, his goal was to show love to the listeners. But several left-wing websites didn’t see it that way.

“He certainly used his speech to hate very well. I guess that's the criteria. Who can say the sickest, most vile things about center-left Americans wins!” according to John Amato of Crooks & Liars.

The Huffington Post took offense at his attributing the rise in STDs to the beatniks and hippies.

To their credit, MSNBC acknowledged Phil’s numbers, saying, “For the record, Robertson’s [sic] has his numbers correct. A CDC report from February of 2013 estimated more than 110 [million] cases of sexually transmitted infections in America with about 20 billion [sic, MSNBC’s number] new infections each year at a cost of ‘nearly $16 billion in direct medical costs.’”

The network site then blasted him for comparing ISIS to the Nazis, Communists, and Imperial Japanese.

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Robertson clearly didn’t care what MSNBC thought, though. “You want a Godly, Biblical, medically safe option? One man, one woman, married, for life,” he said.

“What do you call the 110 million people who have sexually transmitted illnesses?” he continued. “It’s the revenge of the hippies! Sex, drugs, and rock ‘n’ roll have come back to haunt us in a bad way!”

But the big question is – is Phil right or wrong? According to the CDC’s website, “Almost every sexually active person will acquire HPV [Human Papillomavirus] at some point in their lives.”

“Sexually active” would seem to indicate activity with new or multiple partners, rather than this Duck Doctor Phil’s Prescription.

But still – “Almost every…person.” That’s quite a few – the website also says, “about 79 million Americans are currently infected with HPV. About 14 million people become newly infected each year.” While it is the most prevalent venereal disease, HPV is only one of many.

Generally, HPV’s symptoms are more a painful nuisance than life-threatening – genital warts, often only appearing years after the initial infection. But there are also life-threatening illnesses such as cervical cancer, which HPV causes.

Much more frightening, however, is the specter of HIV/AIDS. According to the CDC, there are about 1.2 million people currently living with HIV, and as many as 50,000 new cases a year, with 63 to 66 percent of those being “MSM,” or “Men who have Sex with Men.” Sadly, the lion’s share of new HIV infections is found in the 13-24 age group; despite being 16 percent of the nation’s population, they account for 26 percent of all new infections, with 72 percent of those being young MSM. While HIV is treatable, there is still no cure.

Although HIV, as well as the current increase in syphilis and hepatitis, are primarily targeting homosexual males, heterosexuals with multiple partners are by no means off the hook. As well as HPV, herpes, drug-resistant gonorrhea and chlamydia are on the rise, as well. The year 2013 saw 1.4 million cases of chlamydia and 820,000 new cases of gonorrhea, and the CDC estimates that one person in every six in the U.S. between the ages of 14 and 49 has herpes.

Criticize Phil all you like, folks – he doesn’t mind. He’s only saying this because he cares.

Listen to him again: “I don’t want you to become ill. I don’t want you to come down with a debilitating disease. I don’t want you to die early.”

“And if you hate me because I told you that,” he said, “I told you, my love for you is not contingent on how you feel about me. I love you anyway. I don’t want you to see you die early or get sick. I’m trying to help you, for cryin’ out loud! America, if I didn’t care about you, why would I bring this up?”

From this CPAC attendee’s perspective, Phil’s speech was not only important from a physical health perspective, it also, along with that duct-taped Bible of his, reminds us of the words of Charles Spurgeon: “A Bible that’s falling apart usually belongs to someone who isn’t.”

Greg Rohrbough, J.D., has been director of government relations for the Meredith Advocacy Group since 2006.

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Steve Weatherbe

Former abortionist who failed to kill unborn baby hit with $1 million lawsuit: baby was born with hole in heart

Steve Weatherbe
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OTTAWA, March 2, 2015 (LifeSiteNews.com) – An Ontario mother of a baby born by mistake is suing the former doctor who botched her abortion for $1 million for his “gross negligence” and “medical malpractice.”

Tania Brown already had four children when she went to Dr. Michel Prevost in Almonte, Ontario in early 2011 for a medical (or pharmaceutical) abortion to prevent a fifth, which her doctor had advised might have birth defects. Several months later she suspected Prevost’s one-two punch of methotrexate (a poison to kill the baby) and misoprostol (to expel the corpse a week later) had not worked. An ultrasound confirmed a beating heart.

Too late for an abortion now, she gave birth, in May, to a baby with “a smaller brain; he had a hole in his heart; he had something wrong with his palate.” She gave him up for adoption.

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Dr. Prevost relinquished his medical licence earlier this month with the certainty that if he didn’t, the Ontario College of Physicians and Surgeons would expel him after an investigation found him “incompetent in his practice of obstetrics and gynecology.”  They looked into 28 abortion cases, two so badly “botched” that the babies survived.

Small wonder the whole business sent Brown into a “debilitating depression,” but her lawyer Ralph Lee told the CBC the case “brings up larger issues…the issue of a woman’s access to abortion.”

Basically, Prevost couldn’t get the dosages right. Methotrexate, MedicineNet.com warns, “has infrequently caused serious (sometimes fatal) side effects.” These include severe azotemia (too much blood urea nitrogen), severe blood infection, stomach and intestinal bleeding, and perforation.

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