AUSTIN, Texas — In a troubling development, two women from Texas have lodged complaints with federal authorities against hospitals that refused to provide them with abortions necessary for treating ectopic pregnancies, leading to severe health risks including near-fatal complications and the loss of fallopian tubes.

Under Texas law, doctors are permitted to terminate ectopic pregnancies, which occur when a fertilized egg implants outside the uterus, a condition that is not viable and poses significant health risks. Ectopic pregnancies are one of the leading causes of maternal mortality in the first trimester, affecting roughly 2% of all pregnancies.

“For weeks, I rushed from one emergency room to another, desperately trying to get the abortion I needed to protect my future fertility and my life,” stated Kyleigh Thurman on Monday. “This situation should have been straightforward, yet I was left completely uninformed and without any options for the care that I required.”

The complaints, disclosed on Monday, request that the U.S. Department of Health and Human Services investigate Ascension Seton Williamson and Texas Health Arlington Memorial Hospital in Arlington, Texas. The women allege that these hospitals violated the Emergency Medical Treatment and Active Labor Act, a federal regulation mandating that hospitals provide necessary “stabilizing care” for patients experiencing emergency medical situations.

Following the Supreme Court’s decision to overturn Roe v. Wade two years ago, 14 states have implemented abortion bans. While these bans include exceptions for situations where a pregnancy threatens a woman’s life, the vague language of the newly enacted laws and the significant penalties for conducting abortions—sometimes even life imprisonment in Texas—have created widespread fear and uncertainty among doctors.

“How many lives must be endangered before we see change?” questioned Beth Brinkmann, senior director of U.S. litigation at the Center for Reproductive Rights. “It’s impossible for doctors to prioritize their patients’ wellbeing when they face such severe consequences. Texas officials have put healthcare providers in an untenable position.”

Lawsuit: Inaction by Doctors Put Patients at Risk

After experiencing cramps, dizziness, and persistent bleeding for a month, Thurman consulted her OB-GYN, who suspected an ectopic pregnancy and recommended a methotrexate injection for treatment. The doctor, however, lacked the necessary medication and instructed Thurman to go to an emergency room, which also failed to provide the treatment.

Living about 60 miles northwest of Austin in Burnet County, Thurman drove an hour to Ascension Seton Williamson in Round Rock, Texas. According to the complaint, physicians confirmed the presence of a tubal ectopic pregnancy but then sent her home with instructions to return after two days.

Upon her return, the hospital again noted signs of a potential ectopic pregnancy but did not provide any treatment options. It was only after Thurman’s OB-GYN personally intervened that she was given methotrexate. By then, it was too late; her ectopic pregnancy had ruptured just days later, resulting in severe bleeding and excruciating pain. Surgery was required to remove her right fallopian tube, putting her future chances of pregnancy at risk.

Ascension Seton Williamson, part of a national network of Catholic hospitals, declined to comment specifically on Thurman’s case.

“While we cannot discuss the particulars of this case, Ascension is dedicated to delivering top-quality care to all who seek our assistance,” said a hospital spokesperson in an email to the Austin American-Statesman, which is part of the YSL News Network.

Complaint: Denial of Care Following Diagnosis

Meanwhile, Kelsie Norris-De La Cruz faced a similar ordeal at a hospital in Arlington, a sizable city located between Dallas and Fort Worth.

Norris-De La Cruz, a final-year college student, had begun preparing for motherhood after a positive pregnancy test. However, after experiencing severe cramps and other symptoms, Medical City Healthcare Center informed her that she might have either a miscarriage or an ectopic pregnancy, as alleged in the complaint filed last week.

Following weeks of severe pain, she visited Texas Health Arlington, where an ultrasound revealed a significant mass near her uterus and other indicators of an ectopic pregnancy. An emergency room physician offered her the option of a methotrexate injection to allow her body to absorb the mass or undergoing surgery, and she opted for surgery to prevent further complications.

However, according to the complaint, two different on-call OB-GYNs recognized that her pregnancy could potentially rupture but still refused to provide her with immediate medical care, instructing her to return in 48 hours. Medical records indicate they were doubtful of her sexual history and speculated that she might be experiencing a miscarriage instead.

pregnancy resulted in complications.

Believing that Texas Health Arlington would not help her, a 25-year-old woman and her mother reached out to an abortion clinic in New Mexico. They were informed that managing ectopic pregnancies is legal in Texas, according to the complaint. They also consulted another OB-GYN recommended by a friend, who subsequently performed emergency surgery. The growth had become so severe that doctors had to remove a significant portion of Norris-De La Cruz’s right fallopian tube and about three-quarters of her right ovary, as stated in the complaint.

“The doctors recognized that I needed an abortion, but these restrictions make it almost impossible to access essential emergency care,” she expressed. “I am filing this complaint because women like myself deserve justice and accountability from those who have let us down. Texas officials cannot continue to ignore our plight. We must not allow it.”

Texas Health Arlington did not provide a comment when asked on Monday.

Conflict Between Biden Administration and Texas AG Over Abortion Rights

Representatives from the Center for Reproductive Rights, an organization advocating for abortion access, submitted the complaints on behalf of the two women. This group has previously represented Texans in significant lawsuits, including Zurawski v. Texas, where 22 patients and two OB-GYNs sued the state, claiming that the abortion laws were unclear.

The plaintiffs in that case, which ruled in favor of the state in May, argued that unclear exceptions for medical emergencies led Texas doctors to postpone or refuse abortion care for women experiencing serious pregnancy issues.

In Texas, the Biden administration’s guidance regarding emergency abortions under the Emergency Medical Treatment and Active Labor Act (EMTALA) has been stalled since 2022. This followed Texas Attorney General Ken Paxton securing a federal court injunction against the order. Paxton contended that the federal rule—which mandates hospitals to terminate pregnancies that are necessary for stabilizing emergency patients—would compel hospitals to perform abortions that Texas law does not allow. This injunction was upheld by the federal Fifth Circuit Court of Appeals in January.

Due to this injunction, the application of EMTALA in these women’s situations remains uncertain. Their attorney, Molly Duane, asserts that EMTALA still obligates Texas hospitals to perform emergency abortions when they are permissible, including cases of ectopic pregnancies.

“(EMTALA) is the most straightforward approach to ensure this hospital and others in Texas comply,” Duane shared in an interview with the Statesman on Monday. She added that the federal government could mandate noncompliant hospitals to demonstrate that their policies can prevent similar situations from occurring in the future.

Texas’s stringent abortion ban only allows doctors to perform the procedure if a patient faces a “life-threatening condition” that endangers their life or causes “substantial impairment of a major bodily function.” Physicians found guilty of breaching this law could face severe penalties, including life imprisonment.

In response to inquiries from the Statesman, state Senator Bryan Hughes, the architect of Texas’ 2021 abortion law, highlighted that the treatment of ectopic pregnancies is not classified as an abortion under the Texas Health Code.

“Mothers in these cases should have received care because Texas law does not obstruct doctors from treating them,” Hughes stated in an email on Monday. “Clearly, these mothers’ lives were at risk, and they are therefore entitled to the exceptions outlined.”

Methotrexate is the most frequently utilized medication for treating ectopic pregnancies, as the American College of Obstetricians and Gynecologists indicates. In Texas, it is heavily regulated under Senate Bill 4, a law from 2021 that limits access to “abortion-inducing drug(s).”

However, the groups advocating for the bans argue that the medical exceptions included in the law protect women’s health and lives while also safeguarding the fetuses they may carry. The Texas Alliance for Life has pointed out in its monthly updates that approximately 1 in 10 “medical-necessity” abortions have been documented in Texas every month since the Roe v. Wade decision was overturned.

Before the significant Supreme Court ruling, the Texas Tribune reported that at least 50,000 abortions occurred annually in the state from 2014 to 2021.