Texas resident Josseli Barnica tragically lost her life after experiencing a miscarriage complicated by a deadly infection while at a Houston hospital. Due to Texas’ restrictive abortion laws, medical staff were unable to provide timely treatment because her fetus still had a detectable heartbeat.
“They had to wait until there was no heartbeat,” her husband recounted to ProPublica. “It would be a crime to give her an abortion.”
In Texas, miscarriages exist in a legal gray area, especially after the implementation of the abortion ban on September 1, 2021, which prohibits abortions once a heartbeat is detected. Barnica was diagnosed with a miscarriage just two days later.
At 28 years old and 17 weeks pregnant, she was admitted to the hospital suffering from pain and signs of an infection. After enduring 40 hours of agony, she finally delivered her stillborn baby once the heartbeat was no longer detectable. Although she was treated and discharged, Barnica was told her ongoing bleeding was normal. Just three days later, she succumbed to complications from her condition.
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Medical experts interviewed by ProPublica deemed her death “preventable,” emphasizing that delayed treatment significantly increased her risk of infection.
An autopsy report indicated that Barnica died from sepsis caused by acute bacterial endometritis and cervicitis following her miscarriage.
The Texas Heartbeat Act, which went into effect in September 2021, stipulates that physicians may not perform abortions once a fetal heartbeat is detected, even in cases of miscarriage. The law imposes civil penalties for anyone who “aids or abets” in an abortion, creating a chilling effect on medical care.
Barnica and her husband were excited about their pregnancy, as they already had a one-year-old daughter. However, her joyful anticipation turned into a nightmare as she experienced severe cramps and bleeding that led her to the hospital, HCA Houston Healthcare Northwest.
Initial examinations revealed serious complications, including bulging membranes and low amniotic fluid. Despite this, doctors could only provide pain relief and emotional support until the heartbeat ceased.
On September 5, after two days in the hospital, Barnica’s doctors finally delivered the fetus. She was sent home after eight hours, but her condition deteriorated. On September 7, her husband returned her to the hospital, but due to COVID-19 restrictions, he had to leave their daughter behind, never to see Barnica alive again.
Experts emphasize the importance of timely intervention in such cases. Dr. Steven Porter, an OB-GYN, highlighted that swift medical action leads to better outcomes. Dr. Leilah Zahedi-Spung, a fetal-medicine specialist, criticized the handling of Barnica’s case, acknowledging the difficult position doctors faced under state law.
At the time of her hospitalization, Roe v. Wade was still in effect, preventing state officials from enforcing the Texas Heartbeat Act. However, after the Supreme Court’s decision to overturn Roe in 2022, Texas enacted even stricter abortion laws, leaving many patients to navigate complex and dangerous medical situations.
Barnica’s case is not isolated; similar stories are emerging across the country as restrictive laws have led to preventable deaths. In Georgia, for instance, Amber Thurman, aged 28, also died in 2022 due to delays in receiving necessary care under the state’s abortion restrictions. Her family plans to pursue legal action for medical malpractice.
