Family Lawsuit Alleges Denial of Life-Saving Abortion in Texas

Family Lawsuit Alleges Denial of Life-Saving Abortion in Texas

The family of Tierra Walker, a 37-year-old woman who tragically passed away from preeclampsia when she was 20 weeks pregnant, has filed a lawsuit in Texas. They claim she was denied an abortion that could have saved her life as her health worsened. Filed in Bexar County District Court, the lawsuit accuses Texas Attorney General Ken Paxton, the University of Texas Health Science Center at San Antonio, and several physicians of “deliberate indifference, discrimination, and medical mistreatment.” Preeclampsia poses serious risks during pregnancy and can be fatal when untreated.

The lawsuit alleges that Attorney General Paxton and Stephen Brint Carlton, the executive director of the Texas Medical Board, violated Walker’s right to life by enforcing a strict prohibition on abortion. Meanwhile, her medical providers allegedly failed to offer necessary treatment. Texas has a near-total ban on abortion, and the Attorney General has been vocal in maintaining these restrictions. Paxton’s office did not respond to CBS News for comments.

“Texas’s political and medical systems failed Ms. Walker and actively caused harm,” the lawsuit states. Michelle Maloney, the family’s attorney, emphasized that Walker’s healthcare providers did not perform the procedure that could have saved her life, largely due to fear around Texas’s stringent abortion laws. Walker’s ordeal has been reported by ProPublica, bringing attention to the circumstances surrounding her death.

Walker faced numerous chronic health issues, including obesity, high blood pressure, asthma, and Type 2 diabetes. In an earlier pregnancy with twins, she developed preeclampsia, which resulted in stillbirths and a severe decline in her health. She managed to improve her condition by mid-2024 before discovering her pregnancy in September.

Upon visiting the emergency room, initial assessments showed it was too early for eclampsia. She was sent home despite high blood pressure, only to later suffer from seizures, nausea, and pain. These seizures were identified as non-epileptic, unrelated to preeclampsia. Mental health support was offered due to anxiety.

Her family repeatedly informed medical staff about the life-threatening risk posed by the pregnancy and requested termination. Walker specifically asked for abortion on several occasions, particularly when severe symptoms were present. However, medical records do not document her requests. Her aunt, LaTanya Walker, witnessed Walker’s struggles with healthcare, noting a lack of seriousness in addressing her concerns.

Walker sought abortion at University Health, where staff allegedly insisted “nothing is wrong with the baby” and denied her care based on this assertion. In late October, doctors recognized her high risk of death, yet she was discharged only to return needing hospitalization.

The Texas Medical Board stated their guidelines allow physicians to act before immediate danger looms, potentially including pregnancy termination in emergencies. LaTanya mentioned Walker’s concern for her 14-year-old son and her efforts to live for him.

Texas law from 2022 bans most abortions, with penalties for providers. In 2025, legislation known as The Life of the Mother Act addressed medical emergency exceptions to the ban. Critics argue doctors remain hesitant under these provisions. Recent surveys highlight ongoing fear among medical professionals regarding legal implications of abortion-related care.

Multiple doctors reviewed Walker’s case, criticizing her discharge at 20 weeks amid severe symptoms. Dr. Kameelah Phillips labeled the case as egregious. The American Association of Pro-Life Obstetricians and Gynecologists viewed her death as preventable by coordinated medical care, unrelated to the abortion law.

The lawsuit’s timing coincides with Paxton’s Senate race. Attorneys stress it aligns with statute limitations. Criticism includes Paxton’s role in perpetuating fear, potentially liable for citizens’ deaths. CBS News awaits comments from Paxton. LaTanya Walker voiced her strong feelings in response to Paxton’s policies.

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