Family members say a pregnant woman in Georgia was declared brain dead after a medical emergency and doctors have provided her with three months of life support to date in order to be born and to comply with Georgia's strict anti-abortion laws.
She can extend it for several months in the state.
The case is the latest consequence of abortion ban introduced in some states since the U.S. Supreme Court overturned the national abortion rights offered by the historic Roe V Wade ruling in 2022.
Adriana Smith, 30, was declared brain death - meaning she died legally - her mother April Newkirk told Atlanta TV WXIA.
Newquake said her daughter had a severe headache three months ago and went to the Northside Hospital in Atlanta, where she received medication and was released. The next morning, her boyfriend woke up gasping and called 911. Emory University Hospital determined that there was a blood clot in her brain and was declared a brain death.
Newquake said Smith is now 21 weeks pregnant. Removing snorkels and other life-saving devices can kill the fetus.
Northside did not respond to requests for comment Thursday. Emory Healthcare said it was unable to comment on a single case due to privacy rules, but issued a statement saying, “Using a consensus of clinical experts, medical literature and legal guidance to support our providers because they make personalized treatment recommendations under Georgia’s abortion laws and all other applicable laws, our best priorities are our best priorities.
Smith's family said Emory's doctors told them that because state law prohibits abortion after heart activity is found in the fetus, devices that keep breathing are not allowed to be stopped or removed - usually six weeks after pregnancy.
The law was passed in 2019, but it was not enforced until the 2022 Dobbs v. Jackson Women's Health Organization ruling overturned Roe V Wade. Twelve states are banning abortions at all stages of pregnancy, and three other state bans, such as the Georgia ban, are launched in about six weeks.
Like everyone else, Georgia's ban includes an exception if an abortion is required to maintain a woman's life.
Smith's family, including her five-year-old son, is still visiting her in the hospital.
Newkirk told WXIA that doctors told families that the fetus was flowing in the brain and they were worried about his health.
"She is pregnant with my grandson. But he may be blind and may not be able to walk, and may not survive once he is born," Newkilk said. She did not say whether the family would like Smith to be removed from life support.
The chief plaintiff in the lawsuit challenging Georgia abortion law in the lawsuit said the situation was problematic.
"Her family should have the right to have decision-making power over her medical decisions," Simpson said in a statement. "Instead, they have experienced over 90 days of re-publishing, expensive medical expenses and cruelty that cannot be resolved and move towards recovery."