The Norman Transcript

Nation/World

January 24, 2014

Judge rules to remove life support for pregnant woman

FORT WORTH, Texas — A judge on Friday ordered a Texas hospital to remove life support for a pregnant, brain-dead woman whose family had argued that she would not want to be kept in that condition.

Judge R. H. Wallace Jr. issued the ruling in the case of Marlise Munoz. John Peter Smith Hospital in Fort Worth has been keeping Munoz on life support against her family’s wishes. The judge gave the hospital until 5 p.m. CST Monday to remove life support. The hospital did not immediately say Friday whether it would appeal.

Munoz was 14 weeks pregnant when her husband, Erick Munoz, found her unconscious Nov. 26, possibly due to a blood clot. Both the hospital and the family agree that she meets the criteria to be considered brain-dead — which means she is dead both medically and under Texas law — and that the fetus could not be born alive this early in a pregnancy.

But the hospital had not pronounced her dead and continues to treat her over the objections of both Erick Munoz and her parents, who sat together in court Friday.

“Mrs. Munoz is dead,” Wallace said in issuing his ruling, adding that meant the hospital was misapplying a state law that prohibits the removal of life-sustaining treatment from a pregnant patient.

Larry Thompson, a state’s attorney representing the public hospital, had told the judge the hospital had a legal responsibility to protect the unborn fetus.

“There is a life involved, and the life is the unborn child,” Thompson said.

But Jessica Hall Janicek and Heather King, Erick Munoz’s attorneys, accused the hospital of conducting a “science experiment” and warned of the dangerous precedent her case could set, raising the specter of special ICUs for brain-dead women carrying babies.

“There is an infant, and a dead person serving as a dysfunctional incubator,” King said.

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