Yvonne Cryns
Encyclopedia
Yvonne Cryns is an American midwife and political activist. From 1991 to 2001, she served as a traditional midwife in Illinois
and Wisconsin
. Cryns has a Certified Professional Midwife (CPM) designation.
As a childbirth activist, she worked to restore childbirth rights to Illinois women and their families, speaking and providing public education on the topic and testifying at Legislative committee hearings.
Cryns introduced several bills to the Illinois legislature for many years in an effort to gain licensure for midwives. She assisted at over 300 births. Cryns has seven children, six of whom were born at home.
the practice of medicine, nursing and midwifery by the Department of Professional Regulation, ("DPR") since she was not a registered nurse in Illinois although she did have a license in Wisconsin. She sued DPR, claiming the agency had no jurisdiction to regulate her practice.
A judge ruled Cryns had not violated any state regulations and vacated the agency's cease and desist order. However, it was only a hollow victory, temporarily, because a condition of her bond in the criminal case prevented her from practicing as a midwife. On May 7, 2001, the Illinois Appellate Court
for the second district reversed the trial court, "finding that the trial court abused its discretion in ruling on plaintiff’s request for a preliminary injunction without viewing a videotape of the birth, which had been entered into evidence." Upon remand, the trial court granted Cryns' motion and the Department appealed to the Supreme Court of Illinois
In May 2002, the Supreme Court of Illinois agreed to hear the civil case of Illinois Department of Professional Regulation vs. Yvonne Cryns, over whether the DPR has the right to regulate unlicensed professions. Oral arguments were heard on November 30, 2002.
In July 2003, the Illinois Supreme Court ruled that direct-entry midwifery fell under the jurisdiction of the Advanced Practice Nursing Act, which identifies nursing as including “the assessment of healthcare needs ... the promotion, maintenance, and restoration of health ... counseling, patient education, health education, and patient advocacy.” The court also found that Cryns was practicing nursing or midwifery without a license, based upon the testimony of Louis Verzi, the baby’s father, as well as the videotape admitted into evidence. This created a precedent
where women who attended at-home births now risked being prosecuted. A midwife could not effectively practice his or her profession in Illinois without being licensed as a nurse. After the ruling, Cryns agreed to stop helping women give birth.
, where, after the boy was born via breech birth
, Cryns attempted Cardiopulmonary resuscitation
before calling 9-1-1
.
She was charged with reckless disregard for the safety of the baby boy, who in a feet-first position in his mother's uterus, presented a risky delivery that doctors and many midwives generally believe warrants a hospital birth and often a Caesarean section. Cryns claimed her actions were in keeping with accepted midwife practice and the boy's death was beyond her control.
Throughout the trial, the baby's parents (Louis and Heather Verzi) supported Cryns. The Verzis testified that they had known they were taking a risk by having a breech baby delivered at home, and they had signed an informed-consent agreement taking responsibility.
. Her motion to dismiss was denied in November 2001, so Lyon appealed to the Illinois Appellate Court
.
In September, Cryns agreed to the plea bargain
on the misdemeanor
charge of reckless conduct, and sentenced to 18 months probation
.
bond cash be used to pay for a transcript copy of her original. Lyon also appealed that, arguing that Cryns is "legally indigent
", and that the bond was paid for by "friends and church members" for whom it should remain for.
An affidavit
filed with a motion to get a free transcript of the testimony in her earlier trial showed that the Cryns owed an estimated $255,000 in legal expenses, for both her defense on the criminal charges and in her civil court battle against the Illinois Department of Professional Regulation.
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
and Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
. Cryns has a Certified Professional Midwife (CPM) designation.
As a childbirth activist, she worked to restore childbirth rights to Illinois women and their families, speaking and providing public education on the topic and testifying at Legislative committee hearings.
Cryns introduced several bills to the Illinois legislature for many years in an effort to gain licensure for midwives. She assisted at over 300 births. Cryns has seven children, six of whom were born at home.
Department of Professional Regulation
On April 7, 2000, Cryns was ordered to cease and desistCease and desist
A cease and desist is an order or request to halt an activity and not to take it up again later or else face legal action. The recipient of the cease-and-desist may be an individual or an organization....
the practice of medicine, nursing and midwifery by the Department of Professional Regulation, ("DPR") since she was not a registered nurse in Illinois although she did have a license in Wisconsin. She sued DPR, claiming the agency had no jurisdiction to regulate her practice.
A judge ruled Cryns had not violated any state regulations and vacated the agency's cease and desist order. However, it was only a hollow victory, temporarily, because a condition of her bond in the criminal case prevented her from practicing as a midwife. On May 7, 2001, the Illinois Appellate Court
Illinois Appellate Court
The Illinois Appellate Court is the court of first appeal for civil and criminal cases arising in the Illinois Circuit Courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. The Illinois Appellate Court will render its opinion in...
for the second district reversed the trial court, "finding that the trial court abused its discretion in ruling on plaintiff’s request for a preliminary injunction without viewing a videotape of the birth, which had been entered into evidence." Upon remand, the trial court granted Cryns' motion and the Department appealed to the Supreme Court of Illinois
Supreme Court of Illinois
The Supreme Court of Illinois is the state supreme court of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five appellate judicial districts of the state: Three justices from the First District and...
In May 2002, the Supreme Court of Illinois agreed to hear the civil case of Illinois Department of Professional Regulation vs. Yvonne Cryns, over whether the DPR has the right to regulate unlicensed professions. Oral arguments were heard on November 30, 2002.
In July 2003, the Illinois Supreme Court ruled that direct-entry midwifery fell under the jurisdiction of the Advanced Practice Nursing Act, which identifies nursing as including “the assessment of healthcare needs ... the promotion, maintenance, and restoration of health ... counseling, patient education, health education, and patient advocacy.” The court also found that Cryns was practicing nursing or midwifery without a license, based upon the testimony of Louis Verzi, the baby’s father, as well as the videotape admitted into evidence. This created a precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
where women who attended at-home births now risked being prosecuted. A midwife could not effectively practice his or her profession in Illinois without being licensed as a nurse. After the ruling, Cryns agreed to stop helping women give birth.
August 2000 birth and death
On August 19, 2000, Cryns assisted a home birth in Round Lake Beach, IllinoisRound Lake Beach, Illinois
Round Lake Beach is a village in Lake County, Illinois, United States. The population was 25,859 at the 2000 census, and estimated to be 28,253 as of 2005.-Geography:Round Lake Beach is a mid-size town located at ....
, where, after the boy was born via breech birth
Breech birth
A breech birth is the birth of a baby from a breech presentation. In the breech presentation the baby enters the birth canal with the buttocks or feet first as opposed to the normal head first presentation....
, Cryns attempted Cardiopulmonary resuscitation
Cardiopulmonary resuscitation
Cardiopulmonary resuscitation is an emergency procedure which is performed in an effort to manually preserve intact brain function until further measures are taken to restore spontaneous blood circulation and breathing in a person in cardiac arrest. It is indicated in those who are unresponsive...
before calling 9-1-1
9-1-1
9-1-1 is the emergency telephone number for the North American Numbering Plan .It is one of eight N11 codes.The use of this number is for emergency circumstances only, and to use it for any other purpose can be a crime.-History:In the earliest days of telephone technology, prior to the...
.
Trial
Cryns was charged with involuntary manslaughter of both a born child and of an unborn child. The main piece of evidence in the trial was a videotape of the birth, showing the complete 46 minutes from the time the child's foot first became visible until the birth was complete. Prosecutors claimed Cryns was reckless and contributed to the boy's death by not calling for emergency help sooner, trying for 12 minutes to revive the baby before telling his father to call 911 because she did not want the authorities to know that she was violating her cease-and-desist order. Cryns told the Verzis, "I don't want you to tell [the emergency crew] I was here," adding "Do me a favor, get all my stuff out of here."She was charged with reckless disregard for the safety of the baby boy, who in a feet-first position in his mother's uterus, presented a risky delivery that doctors and many midwives generally believe warrants a hospital birth and often a Caesarean section. Cryns claimed her actions were in keeping with accepted midwife practice and the boy's death was beyond her control.
Throughout the trial, the baby's parents (Louis and Heather Verzi) supported Cryns. The Verzis testified that they had known they were taking a risk by having a breech baby delivered at home, and they had signed an informed-consent agreement taking responsibility.
Not guilty for unborn child
In June 2001, a jury found her not guilty for the unborn child and was deadlocked (10-2 in favor of conviction) for the born child charge. Cryns' attorney, Andrea Lyon, tried to argue that a second trial constituted double jeopardyDouble jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
. Her motion to dismiss was denied in November 2001, so Lyon appealed to the Illinois Appellate Court
Illinois Appellate Court
The Illinois Appellate Court is the court of first appeal for civil and criminal cases arising in the Illinois Circuit Courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. The Illinois Appellate Court will render its opinion in...
.
In September, Cryns agreed to the plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
on the misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
charge of reckless conduct, and sentenced to 18 months probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
.
Legal expenses
The judge also ruled that part of her bailBail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
bond cash be used to pay for a transcript copy of her original. Lyon also appealed that, arguing that Cryns is "legally indigent
Legal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
", and that the bond was paid for by "friends and church members" for whom it should remain for.
An affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
filed with a motion to get a free transcript of the testimony in her earlier trial showed that the Cryns owed an estimated $255,000 in legal expenses, for both her defense on the criminal charges and in her civil court battle against the Illinois Department of Professional Regulation.