A new report published Wednesday tells the story of a 28-year-old Texas woman who died of an infection after doctors allegedly delayed treating her miscarriage for nearly 40 hours, reigniting concerns about the state’s draconian abortion regulations.
Josseli Barnica arrived at a Houston hospital on September 2, 2021, at 17 weeks pregnant, with significant cramps and bleeding, according to the nonprofit investigative newspaper ProPublica. The next day, an ultrasound confirmed that she was having a miscarriage.
However, Barnica reportedly informed her spouse that doctors could not intervene.
“They had to wait until there was no heartbeat,” the spouse, whose identity was not revealed, told ProPublica in Spanish. “It would be a crime to give her an abortion.”
As she waited, Barnica’s cervix remained open, exposing her uterus to infection, according to the site. When a fetal heartbeat was no longer detectable, she delivered the fetus with medical assistance and was released later that day.
On September 7, as her condition worsened, Barnica’s husband returned her to the hospital, where she died of a sepsis infection. Barnica’s story has reignited concerns that Texas’ abortion restriction limits doctors’ ability to address pregnancy issues.
Rep. Colin Allred, the Democratic Senate candidate who has prioritized abortion access in his campaign, instantly exploited Barnica’s story to criticize Sen. Ted Cruz’s anti-abortion stance.
“Josseli Barnica should be alive today but because of Ted Cruz’s cruel abortion ban, Texas women have been denied the life-saving health care they need,” Allred stated in a Facebook post.
Cruz described the event as “heartbreaking,” but said Texas law is not to blame.
“I’ve read the tale here, and the details of the case appear heartbreaking. “That this woman died is truly tragic,” Cruz told reporters following a rally in Georgetown on Wednesday.
“The Texas law makes clear that any procedure that is necessary to save the life of a mother can be done and should be done,” Mr. Cruz said. “We don’t know all the details of what happened here, but it is critical that we do everything necessary to save the lives of moms and we grieve with the family at the tragedy that occurred here.”
Texas law outlaws abortion in almost all instances, except rape and incest. Physicians who conduct abortions may face six-figure fines, loss of their medical license, and prison time.
An abortion is legal if, “in the exercise of reasonable medical judgment,” the pregnant person has a life-threatening condition caused or exacerbated by the pregnancy that offers a risk of death or substantial impairment to a major bodily function, necessitating the abortion.
Physicians have sued, alleging that the language is too broad and that the “reasonable medical judgment” threshold is too subjective to allow them to act freely without fear of responsibility.
In May, the Texas Supreme Court dismissed those concerns, declaring that the abortion ban’s exceptions are permissible and allow abortions before grave danger.
“The law does not require a woman to surrender her life or to first suffer serious bodily injury before an abortion may be performed,” the ruling states.
According to the Texas Politics Project’s October poll, 7% of Texas likely voters believe abortion/women’s rights is the most significant issue influencing their vote, trailing the economy, immigration/border security, and inflation/cost of living.