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Texas woman dies after hospital said it would be a “crime” to intervene in her miscarriage

Josseli Barnica, a 28-year-old Houston mother, was devastated to learn at 17 weeks that the much-awaited sibling to her then 1-year-old daughter would not survive. An immigrant from Honduras, Josseli worked hard to send money back home to her mother and always wanted a large family with her husband. She adored celebrating every milestone for her baby girl and was overjoyed to be expecting a second child. Everything changed when Josseli arrived at the hospital in September 2021 where doctors noted in her medical record that a miscarriage was “in progress” and “inevitable.” However, due to the recently passed Texas Heartbeat Act (SB 8), doctors could not intervene until there was no detection of a fetal heartbeat. As a result, Josseli waited 40 hours with her cervix dilated, exposed to bacteria placing her at high risk for developing sepsis, until doctors could no longer detect any heart activity. Only then did doctors provide Josseli medication to speed up the labor and deliver her stillborn fetus. Three days after the delivery, Josseli’s husband rushed her to the emergency room following heavy bleeding, but was unable to stay with her due to COVID-19 protocols and the need to care for their infant daughter at home. That was the last time he saw Josseli as she died in the hospital from sepsis. The family organized two funerals, one in Houston and one in Honduras, while her husband processed the shock of losing his wife and the son they planned to raise together and adjusted to life as a single father. Doctors from around the country reviewed Josseli’s case and all concluded that requiring Josseli to delay delivery violated professional medical standards and that her death was “preventable” had intervention occurred earlier. An El Salvadorian immigrant working 12-hour shifts, Josseli’s husband continues to raise their now 4-year-old daughter and is described as a “model father” by her family. He sees flashes of Josseli’s radiance in their daughter and tells her how much her mother loved her.

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