This month, a fresh legal case has been brought forward against Providence St. Joseph Hospital in Eureka. On April 1st, the National Women’s Law Center initiated proceedings on behalf of Anna Nusslock, accusing the facility of unlawfully refusing essential emergency abortion services to Ms. Nusslock when such intervention was critical for her well-being following the loss of two fetuses through natural means earlier in February.
The lawsuit claims that this refusal is part of a "calculated and deliberate strategy to deny treatment to pregnant women facing an urgent health crisis."
My life was endangered when I visited Providence because they declined to offer care based on their religious beliefs," stated Nusslock in an NWLC press release. "Following that incident, my health has progressively worsened. Nonetheless, I am advocating not only for myself but also for those who might encounter similar horrors. Nobody should have access to critical medical treatment restricted.
During a telephone interview, Nusslock spoke with the Times-Standard and stated that increasing accessibility to crucial and potentially lifesaving abortion services meant "absolutely everything" to her. She also pointed out that this fresh legal challenge presented an occasion to build on the state's argument and keep striving for responsibility.
I will never cease advocating for responsibility and fairness… forever," Nusslock stated. "It's quite reassuring that we have managed to hold the larger Providence healthcare system responsible instead of merely focusing on our nearby St. Joseph branch of Providence. I am eager to continue contributing all I can… my aim is for women across the globe to gain access to essential emergency medical services.
In September, California Attorney General Rob Bonta submitted a lawsuit against Providence St. Joseph.
Last September, an initial restraining order was submitted and accepted in October where Providence Hospital consented to several terms throughout the duration of that legal case. The stipulations outlined within this restraining order include: "Providence Hospital particularly consents to...permitting its doctors to end a patient’s pregnancy...whenever these medical professionals decide based on their expertise that not promptly terminating the pregnancy could likely lead to significant harm to the patient's well-being; severe compromise of the patient's physical faculties; or considerable malfunctioning of any vital body organ."
However, earlier this year, Providence attempted to have the state’s lawsuit dismissed, which would essentially end the preliminary injunction. They argued that the hospital had already adhered to state laws. This motion led to a Rally for Reproductive Rights held at the steps of the Humboldt County Courthouse in February.
It's incredibly frustrating to hear the hospital provide such varied responses regarding their adherence to the law," stated Nusslock. "Since they'll issue declarations affirming 'we comply with the law,' but then put out information suggesting otherwise.
Accountability
We will hold Providence responsible for leaving Anna without support when she needed help," stated K.M. Bell, a senior counselor at NWLC, in a press statement. "We must not permit hospitals to decide which emergencies to address according to their beliefs. Our objective is to guarantee that all expectant patients receive the urgent medical attention required and to avoid similar catastrophes from occurring moving forward.
Bell informed the Times-Standard that the NWLC’s confidential lawsuit differs from the state's case. The state’s action aims to secure an order compelling Providence St. Joseph Hospital Eureka to offer the required abortion services. According to Bell, the suit initiated earlier this month additionally names as defendants the broader organizational bodies owning the hospital and pursues financial compensation for the detrimental effects of their policies and practices on Nusslock, impacts that persist to this day.
We think it's crucial to make the hospital answerable for the continuous damage being done to Nusslock and the distress she has endured," Bell stated. "She lived in fear of bleeding out when she wasn’t receiving treatment, which continues to affect her daily life, her work, and her capacity to partake in everyday pleasures. The diagnosis of PTSD highlights how profoundly this situation has impacted her.
Moreover, Bell stated, the private legal action seeks injunctive relief for all Providence hospitals in California. This move aims to compel these facilities to explicitly adhere to both state and federal laws concerning abortion services. Currently, Providence manages 51 hospitals across seven states, including 16 located within California.
The NWLC’s press statement highlights that under state legislation, California hospitals must offer emergency healthcare services—such as abortions—to patients facing risks to their health or lives. According to the NWLC, not providing such care due to factors associated with a protected category like gender, which encompasses issues related to pregnancy, goes against state anti-discrimination regulations.
Furthermore, hospitals are obligated under the federal Emergency Medical Treatment and Labor Act to offer abortion services during medical emergencies.
The complaint
The legal complaint asserts: "On February 23, 2024, approximately 15 weeks into her high-risk twin pregnancy, Dr. Nusslock urgently went to the emergency room at SJ Hospital due to early ruptured membranes and symptoms including vaginal bleeding and intense pain caused by strong contractions. Upon arrival at SJ Hospital’s emergency unit...Dr. Nusslock received a diagnosis of previable preterm premature rupture of membranes (referred to as 'PPROM' before viability)...In cases without prompt treatment, this condition may result in serious infections or sepsis, acute renal failure, shock, acute respiratory distress syndrome (a rapid onset breathing difficulty), strokes, and even death—particularly when dealing with complex pregnancies such as hers. Immediate emergency intervention was essential for Dr. Nusslock to mitigate these potential complications."
To Dr. Nusslock’s surprise, though, the treating doctor informed her that the hospital’s policies did not allow for her to receive the necessary emergency treatment due to the specific circumstances and medical issues associated with her pregnancy... Rather than offering the urgent care essential to avoid additional harm or fatality, SJ Hospital released Dr. Nusslock prematurely. The treating physician advised her instead to travel to Mad River Community Hospital... All that SJ Hospital offered were a bucket and some towels “just in case anything occurs during your journey.”
In October 2024, Mad River Community Hospital closed its birth center, leaving Providence St. Joseph Hospital as the sole birthing facility across an expanse of approximately 4,000 square miles, which is comparable to the size of Connecticut.
The complete text of the Nusslock and NWLC lawsuit can be accessed at https://tinyurl.com/4h5rpnxu .
Providence’s response
On April 1, the Providence St. Joseph Hospital issued a statement concerning the lawsuit.
"Serving the people of Humboldt County is an honor that we at Providence St. Joseph Hospital Eureka do not underestimate," the statement says. "We remain completely dedicated to offering top-notch, caring treatment, much like what we've done over the past century." The situation outlined in this legal case is profoundly disheartening and concerning. We firmly commit to administering care in compliance with both national and local laws, along with adhering to our ethos as a religiously affiliated institution. This commitment encompasses delivering urgent lifesaving medical procedures which might lead to unintended outcomes regarding fetal development.”
As a Catholic healthcare provider, we openly state that we do not carry out elective abortions. Nevertheless, during emergencies, our medical teams offer essential treatments... in line with both the California Emergency Services Law and the Emergency Medical Treatment and Labor Act.
The complete text of Providence St. Joseph’s reply can be found at https://tinyurl.com/6da34v7f .
Robert Schaulis can be contacted at 707-441-0585.
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