Oklahoma Women Sue Over Being Denied Abortions Despite Fatal Fetal Diagnoses

Por Jessica Corbett — Common Dreams

When Sheena Hamlin found out she was pregnant with a daughter she named Ellie, she was “very excited,” until her doctors discovered at around 21 weeks that the baby “might survive birth, but that her lungs were so severely underdeveloped that she would suffocate almost as soon as the umbilical cord was cut.”

“The alternative would be to terminate the pregnancy,” explains a lawsuit filed in state court on Wednesday, but that “was not an option in Oklahoma,” where a pair of laws force patients whose “pregnancy will end in miscarriage, stillbirth, or the death of an infant shortly after birth” to leave the state if they choose abortion.

Hamlin and her husband, who have a son, “agreed that they did not want their daughter to suffer,” so she flew to Illinois for care shortly before Thanksgiving in 2024, and spent nearly $4,000 out of pocket. After the “devastating” experience, the couple “underwent genetic testing and confirmed that Ellie had Meckel-Gruber syndrome.”

They “pursued in vitro fertilization (IVF) and genetic counseling to ensure that they would not have another child affected by the condition,” and while Hamlin is now expecting a baby, she “has found it anxiety-inducing to be pregnant in Oklahoma again, particularly in the period leading up to the anatomy scan,” the suit says.

Hamlin is not alone. Magon Hoffman is also suing over the abortion bans that prevented her from receiving care. Hoffman and her husband were similarly “thrilled” to learn of her pregnancy in 2022, but a series of unfortunate revelations soon followed: a “huge blood clot,” placenta previa, unusual growth measurements, and ultimately, anencephaly.

As Hoffman’s doctor, a maternal-fetal medicine specialist, explained at her 19-week anatomy scan, her fetus had a “tiny bit of brain floating around,” but “no skull.” In other words, the complaint says, “her pregnancy was not viable. Her baby had no chance of survival. Ms. Hoffman was devastated.”

Because Oklahoma only allows abortion care to save a patient’s life, the doctor warned that she would have to leave the state to end the pregnancy. He then “tried to convince Ms. Hoffman to carry to term,” the filing notes, even though “there was nothing they could do to help the baby survive,” and if the child lived “for a few hours or a few days… she would be ‘blind and ‘dying.'”

Hoffman and her husband, who already had a daughter, drove eight hours and spent $3,000 to get abortion care in New Mexico. Afterward, the suit says, she “struggled with anxiety and depression from the loss of a pregnancy she desperately wanted and the stigma and fear she experienced in being forced to seek care out of state.”

“In June 2024, while still using birth control, Ms. Hoffman unexpectedly became pregnant for a third time. She was terrified… At no point during the pregnancy was Ms. Hoffman able to believe she would bring home a healthy baby,” the complaint continues. She was relieved to deliver another daughter—and does not want any more children, “so her husband decided to have a vasectomy, though he would have preferred to wait. Ms. Hoffman still fears another unexpected pregnancy.”

The group Oklahoma Call for Reproductive Justice has joined Hoffman and Hamlin as plaintiffs, as have two of the OB-GYNs who treated them, Drs. Sarah Mashburn and Elizabeth Pinard, who were both born and raised in Oklahoma.

“I have dedicated my life to caring for women from all across our state, including those facing fatal fetal conditions. Doctors routinely provide care according to what our patients want for themselves and their families, but Oklahoma’s abortion bans have left me feeling helpless,” Pinard said in a statement.

“I don’t want to tell my patients to leave the state when I can easily give them the care they need right here in my office,” she stressed. “This is not how healthcare should work. My patients deserve access to all of their options for care, and the state needs to allow us to do our jobs.”

Hamlin said that “my husband and I were crushed when we learned that we would never get to bring our daughter home. We wanted mercy for our daughter—but Oklahoma’s laws denied us that.”

Hoffman similarly said that “Oklahoma turned the hardest day of my life into weeks of needless suffering on top of our grief,” and the state “is failing families like mine. I’m bringing this case so Oklahomans can have the power again to make the best decisions for our families.”

The defendants in the case are the state attorney general and health commissioner, Oklahoma County’s district attorney, and executive directors of the state’s boards for medical licensing and osteopathic examiners, all of whom have yet to comment on the suit.

The plaintiffs are represented by attorneys at Herbert Smith Freehills Kramer and the Center for Reproductive Rights, a powerhouse that has fought for abortion rights in several high-profile state and federal cases. The legal group’s president, Nancy Northup, said Wednesday that “it’s unthinkable the pain these families went through because of Oklahoma’s abortion bans.”

“Forcing women to give birth knowing they won’t be bringing a baby home is pure cruelty,” she argued. “Every pregnant person should get to decide what is best for their family based on their own beliefs, values, and medical circumstances. The government should have no place in that. We’re suing to hold the state accountable for the pain lawmakers have caused these families, and to make sure no other families suffer in this way.”

Oklahoma is among the states where anti-choice policymakers have ramped up their longtime efforts to restrict reproductive freedom in the wake of the US Supreme Court’s right-wing supermajority overturning Roe v. Wade. Another state on that list is Texas, whose abortion ban led to the 2022 reversal.

In Texas on Wednesday, Tierra Walker’s family sued various state officials. The San Antonio woman died in December 2024, at the age of 37, after being denied an abortion. Although such denials have killed a growing number of pregnant people in Texas and beyond, this is the first case of its kind, tying a preventable death to a state abortion ban.

Fonte: Common Dreams