SCRANTON — Two teen-age girls testified Tuesday they were affected to abide gynecological examinations at the J.T. Lambert Intermediate Academy in East Stroudsburg three years ago as allotment of a state-mandated physical.
In bawling affidavit in federal cloister in Scranton, one of the girls said she approved to acquaint the assistant the academy was authoritative a mistake, that her ancestors doctor had accustomed her a concrete assay the antecedent summer for a Christian camp, and that she had alternate the paperwork to the academy proving it.
The babe said a academy assistant told her she could not acquisition the paperwork, and again instructed her to aish her pants and get up on a table.
The girl, now 15, was 11 at the time the assay was accustomed on March 19, 1996, by Dr. Ramlah Vahanvaty, one of the doctors assassin by the academy commune to accord concrete examinations to acceptance entering kindergarten and sixth grade.
Physical examinations are allowable by Pennsylvania academy bloom law for all acceptance entering kindergarten and sixth grade.
In a pre-trial ruling, the adjudicator in the case stated, “Nothing in the statute provides how the concrete assay is to be conducted.”
“I acquainted her feel go in my ,” the babe said, crying. “I hurt,” she said. “It was horrible.”
She said it aching physically, but alike added mentally.
The parents of eight girls are suing the doctor, two academy nurses, and the academy district, claiming they abandoned their childrens’ built-in rights to be chargeless from absurd chase and seizure, as able-bodied as their aloofness rights and affectionate alternative rights.
The advocate for the academy district, Rea Thomas of East Rockhill, said the commune had an “absolute acknowledged obligation” to accomplish the concrete exams, and asserted the nurses and the doctor behaved professionally.
Thomas referred to a accompaniment badge analysis that followed the incident, which affected off a firestorm of altercation and affect at academy lath meetings, and said no atrocity was found.
The advocate for Vahanvaty, George M. Nace of Allentown, denied in aperture statements that the girls were accustomed an centralized exam, adage the concrete “in no way constituted a gynecological examination.” He said four able witnesses, including Dr. Bradley J. Bradford, admiral of the Pennsylvania Chapter of American Pediatricians, will booty the angle in abutment of Vahanvaty, who he said will additionally affirm and “go through this in detail” about what happened that day at the school. Nace said the doctor artlessly gave the girls a absolute examination.
Under absolute assay by advocate Brian Thomas, the babe alleged into catechism aloof how absolute the assay was.
The babe said the doctor “never asked for my bloom history or if I was ually active.”
She said she told the assistant that “my parents won’t like this” and asked to use the telephone, but the appeal was denied.
The babe said she was told she had to be arrested for ually transmitted diseases, and “to see if we were developing right.”
The girl’s father, Paul Tucker, said back her babe accustomed home that day from academy the aboriginal words out of her aperture were: “Dad you accept to annihilate addition for me.”
Tucker, an electrician by trade, said the acquaintance “crushed” his daughter. He said he was agitated by the acquaintance and angered by the actuality he never accustomed an account from the academy commune on how they absent the paperwork from the ancestors doctor and why the school’s doctor affected his daughter’s genitals.
Thomas, in aperture statements, said the academy certificate administering academy physicals refers alone to animal exams for boys.
He alleged the exams the girls accustomed “aberrant.”
The academy commune beatific home notices to parents while their accouchement were in fifth grade, advice them that their accouchement were appropriate to accept a concrete in sixth grade. The notices said the parents had three options: accept a ancestors doctor accomplish the physical; appeal that a ancestor be present for the academy physical; or let the academy doctor accord the concrete after a ancestor present.
Tucker said the academy commune never a his ancestors that his babe was not “in compliance” with state-mandated physicals afore his babe was accustomed her assay at the school.
Under assay by Nace, Tucker accepted he has not been shy about absolution bodies apperceive what allegedly happened to his daughter. Tucker said he went on 38 radio interviews and discussed the amount with the Christian Coalition as able-bodied as the 700 Club and appeared on AM Philadelphia, a television newsmagazine.
The board of bristles men and three women additionally listened to affidavit from Jean Baumgartner, a mother of addition babe who claims Dr. Vahanvaty affected her daughter’s genitals during the examination.
Baumgartner, a applied nurse, said she arrested the box on the anatomy the academy beatific her, instructing the academy that she capital to be present for the examination.
Baumgartner said she asked the academy several times back the assay was activity to be accustomed but never accustomed an answer.
The babe testified her efforts to stop the assay because her mother was not present were useless.
The mother said that back she begin out what had happened to her babe at academy that day, ” … I couldn’t accept it.”
“I was home all day continued and no one alleged to say she was accepting a physical,” Baumgartner said. “I abounding out the anatomy adage I capital to be present.”
Baumgartner added, “I would never accept accustomed this blazon of assay at this age.”
Later back she approved to get answers from the academy district, she said she acquainted they were “trying to about-face the blame” assimilate the parents.
Both girls testified they approved analysis to get over the affecting stress.
Testimony resumes this morning afore U.S. Commune Adjudicator A. Richard Caputo.
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