21 hours Ago By Robert Schaulis
A new lawsuit was filed against Providence St. Joseph Hospital in Eureka this month. The complaint, filed April 1 by the National Women’s Law Center on behalf of Anna Nusslock, alleges that the hospital illegally denied Nusslock emergency abortion care, despite the immediate threat to her life and health after she miscarried twin daughters last February.
That denial, the lawsuit says, is part of a “deliberate and intentional policy of denying care to pregnant patients experiencing an emergency medical condition.”“My life was at risk when I went to Providence, but they refused to provide care due to their religious policies,” said Nusslock, in a NWLC press release. “Since that experience, my health has continued to deteriorate.
Still, I’m fighting for myself and others who could face this nightmare. No one should be denied life-saving medical care.”In a phone interview, Nusslock told the Times-Standard that expanding access to life-saving and critically necessary abortion care was “everything” to her, and explained that this new lawsuit brought about an opportunity to expand upon the state’s case and continue to push for accountability.
“I’m not going to stop pushing for accountability and justice ...
ever,” Nusslock said. “It’s very encouraging that we’re able to hold the greater Providence health care system accountable as opposed to just our local St. Joseph branch of Providence.
I look forward to doing as much as I can ...
I want women around the world to be able to receive the emergency medical care that they need.”California Attorney General Rob Bonta filed a complaint against Providence St. Joseph last September.
In a preliminary injunction filed last September and agreed to in October, the hospital agreed to a number of conditions during the extent of that lawsuit. That injunction states that: “Providence Hospital specifically agrees to ..
. allow its physicians to terminate a patient’s pregnancy ..
. whenever the treating physician(s) determine in their professional judgment that failing to immediately terminate the pregnancy would be reasonably expected to ..
. place the patient’s health in serious jeopardy; result in serious impairment to the patient’s bodily functions; or result in serious dysfunction of any bodily organ or part of the patient.”But early this year, Providence sought to dismiss the state’s suit, effectively terminating the preliminary injunction, claiming that the hospital already complied with state law.
That motion to dismiss prompted a Rally for Reproductive Rights on the steps of the Humboldt County Courthouse in February.“It’s very frustrating to hear the hospital say so many different things about whether or not they’re following the law,” said Nusslock. “Because they’ll release statements saying ‘we follow the law,’ and then they’ll release other things that make it seem like that’s very much not happening.
”Accountability“We will hold Providence accountable for abandoning Anna in her time of need,” said K. M. Bell, senior counsel at NWLC, in a press release.
“Hospitals cannot be allowed to pick and choose which emergencies they treat based on ideology. Our goal is to ensure that every pregnant patient can access the emergency care they need and to prevent tragedies like this from happening again.”Bell told the Times-Standard that the NWLC’s private lawsuit is distinct from the state’s case, which seeks an injunction against Providence St.
Joseph Hospital Eureka that would require the hospital to provide its legally mandated abortion care. The lawsuit filed this month, Bell said, also targets the larger legal entities that own the hospital, and seeks monetary recompense for the policies and actions that gravely harmed — and continue to harm — Nusslock.“We believe it’s important to hold the hospital accountable for the ongoing harm to (Nusslock) and the trauma she’s experienced,” Bell said.
“When she was denied care, she was terrified that she was going to bleed to death, and that is having an ongoing impact on her life, her business (and) her ability to enjoy day-to-day activities. She was diagnosed with PTSD. This has had a really serious impact.
”Additionally, Bell said, the private lawsuit targets injunctive relief at all Providence hospitals in California, effectively attempting to force those hospitals to expressly comply with state and federal law regarding abortion care. Providence operates 51 hospitals spread across seven states — 16 of which are in California.The NWLC’s press release notes that, by state law, California hospitals are required to provide emergency medical care — including abortion — when there is a danger to the patient’s life or well-being.
Failing to do so based on a protected class like sex, which includes pregnancy-related conditions, violates state nondiscrimination laws, the NWLC notes.Additionally, hospitals are bound by the federal Emergency Medical Treatment and Labor Act to provide abortion care in emergencies.The complaintThe lawsuit states: “On February 23, 2024, just 15 weeks into a high-risk pregnancy with twins, Dr.
Nusslock rushed to the emergency department at SJ Hospital after her water broke prematurely and she was experiencing bleeding and severe pain from contractions. At SJ Hospital’s emergency department ..
. Dr. Nusslock was diagnosed with previable preterm premature rupture of membranes (previable ‘PPROM’) .
.. Without immediate medical attention, previable PPROM can lead to severe infection or sepsis, acute kidney injury, shock, acute respiratory distress syndrome (the sudden inability to breathe), stroke and death, especially in complicated pregnancies like Dr.
Nusslock’s. Dr. Nusslock needed immediate emergency abortion care to protect against these risks.
“To Dr. Nusslock’s shock, however, the attending physician told her that defendants’ policy prohibited her from receiving the required emergency care because of the circumstances and medical conditions related to her pregnancy ..
. Instead of providing the emergency care needed to prevent further injury or death, SJ Hospital improperly discharged Dr. Nusslock.
The attending physician suggested she drive to Mad River Community Hospital ...
The only ‘care’ provided by SJ Hospital was a bucket and towels ‘in case something happens in the car.’”Mad River Community Hospital shuttered its birth center in October of 2024, making Providence St. Joseph Hospital the only birthing center in a 4,000-square-mile area roughly the size of the state of Connecticut.
The full text of the Nusslock and the NWLC’s lawsuit may be found at https://tinyurl.com/4h5rpnxu.Providence’s responseOn April 1, Providence St.
Joseph Hospital released a statement with regard to the lawsuit.“Serving the residents of Humboldt County is a privilege we, at Providence St. Joseph Hospital Eureka, don’t take for granted.
That’s why we are wholeheartedly committed to providing high-quality, compassionate care, just as we have been for more than 100 years,” the statement reads. “The experience described in this lawsuit is deeply saddening and troubling. We are fully committed to delivering care in accordance with federal and state law, as well as our mission as a faith-based organization.
This includes providing emergency life-saving medical interventions that may result in indirect fetal death.“As a Catholic health care organization, we are transparent that we do not perform elective abortions. However, in emergencies, our care teams provide medically necessary interventions .
.. consistent with the California Emergency Services Law and the Emergency Medical Treatment and Labor Act.
”The full text of Providence St. Joseph’s response can be read at https://tinyurl.com/6da34v7f.
Robert Schaulis can be reached at 707-441-0585..
