Texas lawmakers are responding to a recent investigative piece about a Houston woman who tragically passed away from an infection shortly after being refused an abortion. HOUSTON – The death of a young woman from Houston is shining a spotlight on Texas’s abortion regulations right before the upcoming general election. On Wednesday, ProPublica, an investigative news organization, shared the story of Josseli Barnica. The 28-year-old mother was 17 weeks pregnant with her second child when she experienced a miscarriage. However, when she arrived at HCA Houston Healthcare Northwest, she was allegedly denied critical medical care. According to ProPublica reporter Kavitha Surana, doctors informed her that intervening would be illegal until the fetal heartbeat ceased. Surana explained that Josseli’s situation fell into a gray area under the Texas Heartbeat Act, or Senate Bill 8. As detailed in the report, Josseli was admitted to the hospital on September 3, 2021—just two days after the Heartbeat Act took effect on September 1. She reportedly had to endure a wait of 40 hours for the fetal heartbeat to stop before doctors could expedite her delivery. Sadly, she succumbed to an infection three days later, as confirmed by an autopsy report. Maternal health experts indicated that such deaths should be uncommon in today’s world, Surana noted.
The news surrounding Josseli’s death has sparked outrage among Democratic lawmakers over the past couple of days. On Thursday, U.S. Representative Lizzie Fletcher (D-TX) organized an event with maternal health professionals to criticize what she described as Texas’s harsh abortion law while campaigning for reelection in Texas’s 7th congressional district. “We’re hearing from doctors that they can’t provide care as they’ve been trained because it’s only getting worse,” she stated.
In a statement regarding Josseli’s case, U.S. Senate candidate Rep. Colin Allred (D-TX) placed blame on his rival Sen. Ted Cruz (R-TX). “My heart goes out to the Barnica family; Josseli should still be here today,” he expressed passionately. “Because of Ted Cruz’s cruel abortion ban, women like Josseli across Texas are being denied essential healthcare.” He emphasized that Cruz is contributing to unimaginable hardships for Texas women and families by taking away their rights and vowed that if elected to the Senate, he would work towards restoring those freedoms.
Although Cruz didn’t respond directly to requests for comments about this issue, he did express his sorrow over Josseli’s death during an event in Georgetown on Wednesday and maintained that Texas law wasn’t at fault in this situation.
I’ve come across the story, and it’s really heartbreaking. The loss of this woman’s life is genuinely tragic, as he pointed out. Texas law is pretty clear: any medical procedure needed to save a mother’s life is not just allowed but should be carried out. While we don’t have all the specifics about what went down in this case, it’s so important that we do everything possible to protect mothers’ lives, and we share in the family’s grief over this terrible event.
Amy O’Donnell from Texas Alliance for Life mentioned that Texas’s abortion regulations do provide exceptions when a mother’s life is in danger. We’re not sure why her doctors were misinformed, but the law isn’t at fault for her passing, she commented.
In Texas, abortion is generally banned except in very limited circumstances. According to state law, an abortion can be performed if a pregnant woman has a serious physical condition related to her pregnancy that could lead to death or significant impairment unless the procedure occurs.
A survey from the University of Houston Hobby School of Public Affairs found that only 7% of likely voters in Texas consider abortion a top issue affecting their presidential vote. Still, political experts suggest Josseli’s situation might sway some Democratic-leaning voters. Mark Jones, a political scientist at Rice University and senior research associate at Hobby School, explained that abortion could be used by Democrats as a way to engage voters who are undecided about whether to vote or stay home.