Following recent ProPublica stories about the death of two women in Texas as they sought abortion care during medical emergencies, anti-abortion figures and groups are claiming the outlet is attempting to blame abortion bans for their deaths, defending the state’s anti-abortion laws, and arguing the two women were really “victims of medical malpractice aggravated by inaccurate and politically-motivated media reporting.”
Research/Study
Anti-abortion figures attack ProPublica stories about two women who died seeking care for their miscarriages under Texas’ abortion bans
Conservative media downplay role of Texas abortion bans, erroneously blaming the deaths on “substandard medical care”
Written by Charis Hoard
Published
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ProPublica reported on the deaths of two women seeking care for their miscarriages under Texas abortion laws
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- ProPublica recently detailed two women in Texas who died as they sought abortion care during miscarriages after doctors delayed their treatments due to the state’s abortion bans. In September 2021, Josseli Barnica passed three days after a miscarriage from an infection; her husband told ProPublica the doctors told her that “they had to wait until there was no heartbeat. … It would be a crime to give her an abortion.” In October 2023, Nevaeh Crain also died from delayed medical intervention, having tested positive for sepsis but unable to receive care until an obstetrician would take multiple ultrasounds to “confirm fetal demise.” [ProPublica, 10/30/24, 11/1/24]
- In May 2021, over a year before the Dobbs decision overturning Roe v. Wade, Texas banned abortion care as early as six weeks into pregnancy; after Dobbs, Texas banned all abortions except to save a mother’s life. “Doctors who violate it can lose their medical licenses, face up to 99 years in prison or incur fines of at least $100,000,” NBC News wrote. As CBS News reported, “It's not unusual for hospitals to require physicians to consult with staff attorneys when treating complicated pregnancies,” including miscarriages. [The Texas Tribune, 5/19/21; CBS News, 11/3/24; NBC News, 5/31/24]
- Over 100 OB-GYNs in Texas signed a letter urging elected state officials to change the anti-abortion laws that have “prevented them from providing lifesaving care,” citing the viral ProPublica articles. According to The Texas Tribune, “Doctors have said that confusion about what constitutes a life-threatening condition has changed the way they treat pregnant patients with complications. The Texas Medical Board has offered guidance on how to interpret the law’s medical exception, and the Texas Supreme Court has ruled that doctors don’t need to wait until there’s an imminent risk to the patient to intervene. But some physicians say the guidance is vague and that hospitals are navigating each situation on a case-by-case basis.” [The Texas Tribune, 11/3/24]
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Anti-abortion figures claimed that Crain and Barnica were “victims of medical malpractice” and that ProPublica “has an agenda” against state abortion bans
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- Live Action posted a piece about reporting on Crain’s death titled “ProPublica exploits another mother’s death by ‘substandard medical care’ in attempt to blame pro-life law.” According to the anti-abortion group, “ProPublica has been bypassing maternal health boards and seeking out experts of its own choosing, all with the goal of making it appear that pro-life laws are to blame,” claiming the outlet “turned largely to pro-abortion experts for commentary and is only reportedly seeking cases of potentially abortion-related maternal death in states with so-called ‘abortion bans.’” [Live Action, 11/1/24]
- Live Action also claimed that Barnica’s “tragic story appears to be a heartbreaking and preventable case of medical malpractice.” The piece also claimed that ProPublica “has an agenda; they are looking for cases like this one, but only in pro-life states.” [Live Action, 10/31/24]
- American Life League claimed, “Reading the details indicates Josseli Barnica didn't die because of Texas' abortion regulations. She died because physicians did nothing to deliver the baby.” [Twitter/X, 10/30/24]
- In a statement pushing back on ProPublica’s reporting, the American Association of Pro-Life OBGYNs claimed that Barnica’s death “could have been prevented had her medical team been properly instructed.” AAPLOG also claimed: “Josseli was sent home only 8 hours after her delivery. This is not standard of care. If she had been kept in the hospital longer, it is likely that this complication could have been detected and appropriately treated.” [Twitter/X, 10/30/24; 10/30/24]
- Secular Pro-Life claimed that Barnica died “from an infection after doctors waited until there was no fetal heartbeat before inducing labor.” The account wrote that reproductive justice activists “aren't interested only in making sure women receive actual medical care; they're interested in using alleged confusion to argue we cannot regulate abortion.” [Twitter/X, 10/31/24]
- An article published in Life News claimed that women like Crain and Barnica were “victims of medical malpractice aggravated by inaccurate and politically-motivated media reporting.” The article claimed that Texas’ anti-abortion laws “protect the mother as much as they protect the preborn baby” and that Crain’s and Barnica’s deaths are being used by media outlets to “advance an agenda even at the expense of women and babies.” [LifeNews.com, 11/2/24]
- Texas Alliance for Life claimed the “Latest State Data … Refutes ProPublica’s Misinformation on Texas’ Pro-Life Laws,” adding, “The media has put pregnant women and their preborn children needlessly at risk by misrepresenting the law.” The group claimed that ProPublica “published misleading articles falsely attributing the tragic deaths” of Barnica and Crain to the state’s abortion bans and instead called for “the media to correct inaccuracies and commit to reporting the truth about Texas pro-life laws and their positive impact on women’s health.” [Texas Alliance for Life, 11/1/24]
- Texas Alliance for Life said it “strongly refutes” ProPublica’s article about Barnica, claiming that the outlet is “attempting to place blame where it doesn’t belong.” Texas Alliance for Life communications director Amy O’Donnell: “Josseli's death was preventable, and Texas law allowed her physicians to exercise their reasonable medical judgment to perform a life-saving abortion before the threat to her life became imminent. … Our pro-life laws are saving both babies' and women's lives, and misinformation like ProPublica's article spreads dangerous lies that threaten the care women deserve.” [Twitter/X, 10/31/24]
- Texas Alliance for Life Executive Director Joe Pojman claimed that Barnica’s death “had nothing to do with Texas abortion law.” Pojman also claimed that the goal of Texas’ anti-abortion laws are to “protect unborn babies from abortion while allowing treatment for miscarriage, for ectopic pregnancy, and allowing doctors to perform abortions to save women's lives.” [Twitter/X, 11/1/24]
- In a press release responding to the report of Barnica’s death, Susan B. Anthony Pro-Life America claimed that “no pro-life laws prevent doctors from providing emergency care for expectant moms, they must intervene to save women’s lives.” The press release also attacked ProPublica’s reporting, writing: “Lies to women about their pregnancy care are at the root of this tragic case. The law is clear, but the media and abortion advocates have created confusion where there should be none.” [SBA Pro-Life America, 10/30/24]
- In a thread attacking ProPublica’s reporting about Barnica’s death, Susan B. Anthony Pro-Life America also stated that “Texas’ pro-life law is not the reason for her death. Fearmongering and failure from doctors to act are.” [Twitter/X, 10/30/24]