City Hospital Lifts M.D. Suspensions In Abortion Case

The official reinstatement Thursday of three indicted doctors who had been suspended from Boston City Hospital last week has partially vindicated the defendants, one of the doctors said yesterday.

The Department of Health and Hospitals announced Thursday night the reinstatement of Dr. Leon D. Sabath '52, associate professor of Medicine; Dr. Leonard D. Berman, assistant professor of Pathology; and Dr. Kenneth Edelin.

All three were suspended one week ago Thursday immediately following their indictments by the Suffolk County grand jury for illegal work with aborted fetuses.

The announcement of the reinstatement read in part, "The decision of the board was reached after a through review of pertinent medical records and extensive discussions with physicians familiar with medical practices at the hospital. The board found nothing in these cases to indicate that anything occurred which could be considered illegal."

'Normal Performance'

The announcement continued, "Unlike previous cases involving hospital employees under criminal indictment, in this case the charges are related to medical procedures that were carried out by employees in the normal performance of their duties."

Berman and Sabath were indicted under a 19th century statute for alleged "illegal dissection" of dead fetal tissue--work which many of their colleagues consider standard operation in research on viruses.

Edelin, who is not affiliated with Harvard, faces charges of manslaughter in the death of a 24-week old fetus. He pleaded innocent Wednesday.

Berman and Sabath will be arraigned Monday. Their attorney Neil L. Chayet said last night that it is "safe to assume" they will plead innocent.

Chayet yesterday called the reinstatement "a very appropriate action."

"I wish it had more impact," he added. Chayet explained that the decision by the hospital only clears the doctors of an offense against medical ethics, but does not judge the criminality of their actions.