Latest news with #brainDead


Washington Post
19-05-2025
- Health
- Washington Post
Brain-dead pregnant woman's case spurs questions about medical consent
A pregnant woman declared brain-dead months ago is being kept on life support in Georgia until her baby can be delivered — a decision doctors made to obey the state's strict abortion ban, according to her family. The case raises questions about medical consent since the fall of Roe v. Wade, how to balance the legal status of the fetus and its mother, and the limits of medical care.


Malay Mail
17-05-2025
- Health
- Malay Mail
Pregnant brain-dead woman kept on life support in US sparks outcry over abortion law
GEORGIA, May 17 — A 30-year-old pregnant woman in the southeastern US state of Georgia has been kept on life support for three months—despite being declared brain-dead—due to the state's abortion restrictions, the woman's mother says. April Newkirk said the decision to keep her daughter Adriana Smith alive was made without input from her family. 'This decision should've been left to us,' she told local NBC broadcaster WXIA-TV. Newkirk said Smith, a registered nurse, was suffering serious headaches in February when she was nine weeks pregnant. An initial hospital visit ended with only a prescription for medication. The next morning, when she was taken to the hospital where she worked, doctors found multiple blood clots in her brain, and she was declared brain dead. Georgia law bans all abortion treatments after six weeks of pregnancy—one of the so-called 'heartbeat' laws, referring to the approximate first detection of a fetal heartbeat. As Smith was nine weeks along, doctors were hesitant to do anything that could contravene the law, according to Newkirk. Smith has been kept on life support ever since, and is now 21 weeks into her pregnancy. 'I'm not saying that we would have chosen to terminate her pregnancy, what I'm saying is: we should have had a choice,' Newkirk said. Smith, who has a son, has been kept on a ventilator to bring the fetus to term, though Newkirk said doctors are not sure the pregnancy will be viable or without health complications. Chilling effect Katie Watson, a professor at Northwestern University specializing in medical ethics and reproductive rights, said the abortion law does not apply to a case like Smith's. The 'Georgia abortion statute is completely unrelated to removing a ventilator from a brain-dead person. It has nothing to say about that, even if that person is pregnant at the time of their death,' Watson told AFP on Friday. 'If the family's report of what the hospital told them is accurate, the hospital has made a surprising misinterpretation of Georgia's abortion law,' she added. Watson said it was possible the hospital's actions were out of fear of legal liability, 'which is a chilling effect of these statutes' against abortion. Emory Healthcare, the hospital system where Smith is being treated, did not immediately respond to a request for comment by AFP. The saga provoked a strong reaction by Democrats and abortion rights organizations. 'Everyone deserves the freedom to decide what's best for their families, futures and lives,' Democratic congresswoman Nikema Williams of Georgia said in a statement. Williams accused US President Donald Trump and Georgia Governor Brian Kemp, both Republicans, of 'forcing people through unimaginable pain.' 'It is deadly to be Black and pregnant in a state where reproductive care is limited and criminalized,' said Monica Simpson, executive director of SisterSong, an advocacy group focusing on reproductive justice for women of color. Since the US Supreme Court's decision to end federal protection of abortion rights in 2022, states like Georgia have adopted tough anti-abortion laws. Trump, who in his first term appointed three conservative justices to the Supreme Court, has frequently credited himself on contributing to the overturning of Roe v Wade, which had secured the right to terminate a pregnancy. — AFP


Washington Post
16-05-2025
- Health
- Washington Post
Hospital tells family brain-dead Georgia woman must carry fetus to birth because of abortion ban
ATLANTA — A pregnant woman in Georgia who was declared brain dead after a medical emergency has been on life support for three months to let the fetus grow enough to be delivered, a move her family says a hospital told them was required under the state's strict anti-abortion law. With her due date still more than three months away, it could be one of the longest such pregnancies. Her family is upset that Georgia's law that restricts abortion once cardiac activity is detected doesn't allow relatives to have a say in whether a pregnant woman is kept on life support.


CBC
16-05-2025
- Health
- CBC
Georgia hospital says it's following state law in continuing pregnancy of woman on life support
Social Sharing A pregnant woman in Georgia who was declared brain-dead after a medical emergency has been on life support for three months to let the fetus grow enough to be delivered, a move her family says a hospital told them was required under the state's strict anti-abortion law. Members of Adriana Smith's family say Emory University Hospital doctors have told them they are not allowed to stop or remove the devices that are keeping her breathing because state law bans abortion after cardiac activity can be detected — generally around six weeks into pregnancy. With the due date still more than three months away, it could be one of the longest such pregnancies. Her family is upset that Georgia's law that restricts abortion once cardiac activity is detected doesn't allow relatives to have a say in whether a pregnant woman is kept on life support. The law was adopted in 2019 but not enforced until after Roe v. Wade was overturned in the 2022 Dobbs v. Jackson Women's Health Organization ruling by the Supreme Court, which opened the door to state abortion bans. Smith, a 30-year-old mother and nurse, was declared brain-dead in February, her mother, April Newkirk, told Atlanta TV station WXIA. Newkirk said Smith is now 21 weeks pregnant. Removing breathing tubes and other life-saving devices would likely kill the fetus. Emory Healthcare said it could not comment on an individual case because of privacy rules, but released a statement saying it "uses consensus from clinical experts, medical literature, and legal guidance to support our providers as they make individualized treatment recommendations in compliance with Georgia's abortion laws and all other applicable laws. Our top priorities continue to be the safety and wellbeing of the patients we serve." Twelve states are enforcing bans on abortion at all stages of pregnancy and three others have bans like Georgia's that kick in after about six weeks. Like the others, Georgia's ban includes an exception if an abortion is necessary to maintain the woman's life. Legal confusion over rights of fetus Newkirk said her daughter had intense headaches more than three months ago and went to Atlanta's Northside Hospital, where she received medication and was released. The next morning, her boyfriend woke to her gasping for air and called 911. Emory University Hospital determined she had blood clots in her brain and she was declared brain-dead. Smith's family, including her five-year-old son, still visit her in the hospital. Newkirk told WXIA that doctors told the family that the fetus has fluid on the brain and that they're concerned about his health. "She's pregnant with my grandson. But he may be blind, may not be able to walk, may not survive once he's born," Newkirk said. She has not said whether the family wants Smith removed from life support. Monica Simpson, executive director of SisterSong, the lead plaintiff in a lawsuit challenging Georgia's abortion law, said the situation is problematic. "Her family deserved the right to have decision-making power about her medical decisions," Simpson said in a statement. "Instead, they have endured over 90 days of retraumatization, expensive medical costs, and the cruelty of being unable to resolve and move toward healing." Lois Shepherd, a bioethicist and law professor at the University of Virginia, said she does not believe life support is legally required in this case. But she said whether a state could insist Smith remains on life support is uncertain since the overturning of Roe, which found that fetuses do not have the rights of people. "Pre-Dobbs, a fetus didn't have any rights," Shepherd said. "And the state's interest in fetal life could not be so strong as to overcome other important rights, but now we don't know." Complications frequent in known cases Brain death in pregnancy is rare. Rarer still are cases in which doctors aim to prolong the pregnancy after a woman is declared brain-dead. A 2021 review scoured medical literature going back decades for cases in which doctors declared a woman brain-dead and aimed to prolong her pregnancy. It found 35. Of those, 27 resulted in a live birth, the majority either immediately declared healthy or with normal follow-up tests. But Dr. Vincenzo Berghella, who co-authored the study, also cautioned that the Georgia case was much more difficult because the pregnancy was less far along when the woman was declared brain-dead. In the 35 cases he studied, doctors were able to prolong the pregnancy by an average of just seven weeks before complications forced them to intervene. "It's just hard to keep the mother out of infection, out of cardiac failure," said Berghella, director of maternal fetal medicine at Thomas Jefferson University in Philadelphia. Berghella also found a case from Germany that resulted in a live birth when the woman was declared brain-dead at nine weeks of pregnancy — about as far along as Smith was when she died. Georgia's law confers personhood on a fetus. Those who favour personhood say fertilized eggs, embryos and fetuses should be considered people with the same rights as those already born. Georgia state Sen. Ed Setzler, a Republican who sponsored the 2019 law, said he supported Emory's interpretation. "I think it is completely appropriate that the hospital do what they can to save the life of the child," Setzler said. "I think this is an unusual circumstance, but I think it highlights the value of innocent human life. I think the hospital is acting appropriately." WATCH l Then-VP candidate Tim Walz on the death of Georgia woman Amber Thurman: Letting states decide abortion rules puts American lives in danger, Walz says 8 months ago Duration 1:41 During the CBS News Vice-Presidential Debate on Tuesday, Democratic nominee Tim Walz countered Republican nominee J.D. Vance's comment that states should make their own decisions about abortion by referring to the case of a Georgia woman who died while trying to access a legal procedure out of state. 'There's a very real chance, had Amber Thurman lived in Minnesota, she would be alive,' Walz said. Setzler said he believes it is sometimes acceptable to remove life support from someone who is brain-dead, but that the law is "an appropriate check" because the mother is pregnant. He said Smith's relatives have "good choices," including keeping the child or offering it for adoption. Georgia's abortion ban has been in the spotlight before. Last year, ProPublica reported that two Georgia women died after they did not get proper medical treatment for complications from taking abortion pills. The stories of Amber Thurman and Candi Miller entered the presidential race, with Democrat Kamala Harris saying the deaths were the result of the abortion bans that went into effect in Georgia and elsewhere after Dobbs.


The Guardian
15-05-2025
- Health
- The Guardian
Pregnant US woman declared brain dead is being kept alive under state abortion law
A pregnant woman in Georgia was declared brain dead after a medical emergency and doctors have kept her on life support for three months so far to allow enough time for the baby to be born and comply with Georgia's strict anti-abortion law, family members say. She could be kept in that state for months more. The case is the latest consequence of abortion bans introduced in some states since the US supreme court in 2022 overturned national abortion rights afforded by the historic Roe v Wade ruling. Adriana Smith, a 30-year-old mother and nurse, was declared brain dead – meaning she is legally dead – in February, her mother, April Newkirk, told Atlanta TV station WXIA. Newkirk said her daughter had intense headaches more than three months ago and went to Atlanta's Northside hospital, where she received medication and was released. The next morning, her boyfriend woke to her gasping for air and called 911. Emory University hospital determined she had blood clots in her brain and she was declared brain dead. Newkirk said Smith is now 21 weeks pregnant. Removing breathing tubes and other life-saving devices would likely kill the fetus. Northside did not respond to a request for comment Thursday. Emory Healthcare said it could not comment on an individual case because of privacy rules, but released a statement saying it 'uses consensus from clinical experts, medical literature, and legal guidance to support our providers as they make individualized treatment recommendations in compliance with Georgia's abortion laws and all other applicable laws. Our top priorities continue to be the safety and wellbeing of the patients we serve.' Smith's family says Emory doctors have told them they are not allowed to stop or remove the devices that are keeping her breathing because state law bans abortion after cardiac activity can be detected in the fetus – generally around six weeks into pregnancy. The law was adopted in 2019 but not enforced until after Roe v Wade was overturned in the 2022 Dobbs v Jackson Women's Health Organization ruling, opening the door to state abortion bans. Twelve states are enforcing bans on abortion at all stages of pregnancy and three others have bans such as Georgia's that kick in after about six weeks. Like the others, Georgia's ban includes an exception if an abortion is necessary to maintain the woman's life. Smith's family, including her five-year-old son, still visit her in the hospital. Newkirk told WXIA that doctors told the family that the fetus has fluid on the brain and that they're concerned about his health. 'She's pregnant with my grandson. But he may be blind, may not be able to walk, may not survive once he's born,' Newkirk said. She has not said whether the family wants Smith removed from life support. Monica Simpson, the executive director of SisterSong, the lead plaintiff in a lawsuit challenging Georgia's abortion law, said the situation is problematic. 'Her family deserved the right to have decision-making power about her medical decisions,' Simpson said in a statement. 'Instead, they have endured over 90 days of retraumatization, expensive medical costs, and the cruelty of being unable to resolve and move toward healing.'