Texas Women Ask Biden Administration to Investigate Hospitals that Denied them Abortions for Ectopic Pregnancies

08.12.24 (PRESS RELEASE) – In newly filed federal complaints, Two Texas women who faced life-threatening pregnancies are asking the federal government to step in after hospitals in the state refused them abortions. Both women had ectopic pregnancies, which are extremely dangerous and have no chance of survival—without timely treatment, patients can die. Filed by the Center for Reproductive Rights, the federal complaints seek to ensure that Texas hospitals provide emergency abortion care for pregnant people in such dire situations, as is required by federal law.

In the complaints filed with the U.S. Department of Health and Human Services (HHS), Kyleigh Thurman and Kelsie Norris-De La Cruz recounted how they nearly died after two separate hospitals repeatedly turned them away. Because they were forced to wait so long for care, Kelsie and Kyleigh both lost a fallopian tube, compromising their future fertility. The two complaints argue that these hospitals violated the Emergency Medical Treatment and Labor Act (EMTALA), which requires hospitals to provide stabilizing care—including abortions—to patients with emergency medical conditions. This federal law applies to every single state, regardless of state abortion bans.

“How many more people will nearly die before we see change? These women are proof that exceptions do not make abortion bans less dangerous, even when they are exceedingly clear. Texas law clearly allows for abortions to treat ectopic pregnancies, and federal law requires it. Yet, Kelsie and Kyleigh were denied absolutely urgent care. As long as these bans are in place, doctors will be terrified to provide abortions of any kind,” said Beth Brinkmann, Senior Director of U.S. Litigation at the Center for Reproductive Rights. “It’s impossible to have the best interest of your patient in mind when you’re staring down a life sentence. Texas officials have put doctors in an impossible situation. It is clear that these exceptions are a farce, and that these laws are putting countless lives in jeopardy.”

“I never imagined I would find myself in the crosshairs of my home state’s extreme abortion bans. For weeks, I was in and out of emergency rooms trying to get the abortion that I needed to save my future fertility and life. This should have been an open and shut case. Yet, I was left completely in the dark without any information or options for the care I deserved,” said Kyleigh Thurman, one of the complainants. “Pregnancy is not straightforward, and I now have to live with the consequences of these extreme laws every day. None of this should have happened to me, and I want to make sure this doesn’t happen to anyone else.”

“Despite the fact that my life was clearly in danger, the hospital told me that they could not help me. I ended up losing half of my fertility and if I was made to wait any longer, it’s very likely I would have died,” said Kelsie Norris-De La Cruz, another complainant. “The doctors knew I needed an abortion, but these bans are making it nearly impossible to get basic emergency healthcare. So, I’m filing this complaint because women like me deserve justice and accountability from those that hurt us. Texas state officials can’t keep ignoring us. We can’t let them.” 

Although abortion is banned in Texas, providing an abortion in cases of ectopic pregnancies is explicitly allowed under state law. Still, the extreme threats of prosecution and penalties in a state that has relentlessly targeted abortion providers have left doctors afraid to provide any abortion care. Under the state’s abortion bans, doctors face up to 99 years in prison, loss of medical license, and at least $100,000 in fines for providing care. Meanwhile, Texas state officials sued HHS over its guidance on emergency abortion under EMTALA, making doctors even more wary of treating patients with pregnancy complications. That guidance has been blocked in Texas since 2022, and the Supreme Court may weigh in on the case later this year. The new EMTALA complaints filed by Kelsie and Kyleigh call on HHS to enforce EMTALA to hold these hospitals accountable and reassure doctors that they can provide emergency abortion care without fear of punishment.

Kelsie and Kyleigh’s experiences are not isolated. Across the country, pregnant people in states with abortion bans are being forced to either wait until they are on the brink of death to receive care or are turned away altogether, including for care that is legal under state law. Last year, 20 women denied abortions despite dangerous pregnancy complications filed a case seeking clarity on what circumstances qualify under the “medical emergency” exception in Texas’ abortion bans. The Texas Supreme Court recently refused to provide any meaningful clarity for doctors, other than reaffirming that people cannot have abortions in situations where the fetus has a lethal condition and will not survive.

In cases of ectopic pregnancies, doctors are so afraid of being prosecuted that they are delaying care in order to do additional, excessive testing to ensure that their medical judgment will not be second-guessed by state officials. This could cost someone their life in an ectopic situation, where every minute counts. Ectopic pregnancy is one of many pregnancy complications that is life-threatening and requires immediate treatment. Ectopic pregnancy is the leading cause of maternal mortality in the first trimester, accounting for up to 10% of all pregnancy-related deaths nationwide. In 2022, most pregnancy-related deaths in Texas were due to hemorrhage, and the most common cause of hemorrhage was ruptured ectopic pregnancy.

The Center for Reproductive Rights is dedicated to helping all people access abortion. If you have been denied care while facing pregnancy complications and want to speak to a lawyer about your options, please reach out to [email protected].  

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