Report: Texas woman died after being denied abortion

Demonstrators march and gather near the Texas Capitol following the U.S. Supreme Court’s decision to overturn Roe v. Wade, June 24, 2022, in Austin, Texas. Eric Gay/AP

A 28-year-old Texas woman died in 2021 after being denied abortion care for over 40 hours while suffering a miscarriage, according to a new ProPublica report.

Josseli Barnica was told by doctors she had to wait for no cardiac activity and that it would be a crime to provide an abortion, despite already experiencing a miscarriage during her 17-week pregnancy, medical records obtained by ProPublica show.

The U.S. Supreme Court overturned Roe v. Wade in 2022, but in 2021 Texas had already passed a “heartbeat” law prohibiting abortion after the detection of a fetal heartbeat, which typically occurs around six weeks of pregnancy.

The law “allows civil lawsuits against a physician who provides or induces such an abortion” and “anyone who ‘aids and abets’ an abortion in violation of the law.” Successful lawsuits can award at least $10,000 in damages.

It also states, “A physician may proceed with performing an abortion once a ‘fetal heartbeat’ is detected only if they believe a medical emergency exists.”

Doctors reportedly waited 40 hours for the absence of a fetal heartbeat before giving Barnica medication to expedite her labor, according to records.

She ultimately died of an infection three days after delivery due to prolonged exposure of her uterus to bacteria, ProPublica reported.

Several medical experts argued that earlier intervention might have saved her life.

“We know that the sooner you intervene in these situations, the better outcomes are,” OB-GYN Dr. Steven Porter told ProPublica.

After the Dobbs v. Jackson ruling, Texas enacted an even stricter criminal law, imposing potential penalties of up to 99 years in prison and $100,000 in fines for doctors who perform abortions.

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