These women say the Texas abortion ban put their lives at risk. Now they're suing
Sheena Goodyear | CBC Radio | Posted: March 8, 2023 11:51 PM | Last Updated: March 8, 2023
Lawsuit argues vague exemptions make doctors afraid to perform abortions, even when medically necessary
Amanda Zurawski spent three days in intensive care on death's door, waiting for a life-saving abortion.
The Texas woman was 17 weeks into her pregnancy when she developed a condition called cervical insufficiency and dilated prematurely. Her doctors told her the loss of her fetus was "inevitable."
But they told her that under Texas law, they couldn't perform an abortion while the fetal heart was still beating. Instead, Zurawski had to wait for three days — locked in what she called a "bizarre and avoidable hell" — until she developed blood poisoning. Only then did they intervene.
"I cannot adequately put into words the trauma and despair that comes with waiting to either lose your own life, your child's life, or both," Zurawski told reporters at a news conference this week.
Zurawski is one of five Texas patients, as well as two doctors, who are suing the state over its abortion ban — one of the strictest in the country since the U.S. Supreme Court overturned the constitutional right to an abortion last year.
Asked for comment about the lawsuit, a spokesperson for Texas Attorney General Ken Paxton, the state's top legal officer, said in an email that he's "committed to doing everything in his power to protect mothers, families, and unborn children, and he will continue to defend and enforce the laws duly enacted by the Texas Legislature."
'Physicians are scared'
Texas, like most of the 13 states with abortion bans, allows an exception to protect the life of the mother.
But the lawsuit argues the law is vaguely worded and doctors aren't sure when it's OK to intervene. As a result, they're holding back, even if they agree abortion is the appropriate medical course of action.
"Physicians are scared," lawyer Marc Hearron told As It Happens host Nil Köksal.
"If they provided abortions in circumstances where a prosecutor, a jury, or government officials think that they should not have provided the abortion, they could face up to 99 years in prison, hundreds of thousands of dollars in fines, and they could lose their medical licence."
Someone is going to die as a result of these abortion bans. - Marc Hearron, Centre for Reproductive Rights
Hearron is the senior counsel at the Center for Reproductive Rights, which is providing legal representation for plaintiffs.
"What we're asking for is the court to give physicians discretion so that they, in consultation with their patients, can have confidence that they're not going to be prosecuted for providing abortion health care," he said.
"Amanda Zurawski and the other plaintiffs who came forward bravely to file this lawsuit to hold the state of Texas accountable, they're just the tip of the iceberg.
"Someone is going to die as a result of these abortion bans."
The other four patients in the lawsuit — Ashley Brandt, Lauren Hall, Lauren Miller and Anna Zargarian — say they had to travel out of state to receive medical care for pregnancy-related complications after doctors recommended abortions.
"An already extremely difficult situation had an extra layer of trauma because of medical decisions that were made by lawmakers and politicians — and not by me or based on best medical practice," Zargarian said at a news conference.
Hearron noted that Zargarian and the other plaintiffs were fortunate enough to have the resources necessary to seek medical care in another state.
"There are patients who don't have those resources," he said.
An uncertain future
Zurawski says she underwent 18 weeks of fertility treatment before she finally got pregnant. She had already picked out a name for her baby: Willow.
Now, because of the infections she suffered while waiting for care, it's unclear whether she'll be able to get pregnant again.
"She wants nothing more than to be able to have children. And this was her first pregnancy. And as a result of the abortion bans, she may not be able to in the future," Hearron said.
Otherwise, Hearron says all five women have recovered medically — "but it's certainly no thanks to Texas politicians that have put their lives in danger," he said.