Oklahoma woman files federal complaint after life-saving abortion denied by state hospitals

OKLAHOMA CITY — An Oklahoma woman has filed a federal complaint after she was denied a life-saving abortion by hospitals in the state.

The complaint, filed with the U.S. Department of Health and Human Services against OU Health, alleges that the hospital was in violation of the federal Emergency Medical Treatment and Active Labor Act.

In early 2023, full-time mother Jaci Statton and her husband learned she was pregnant.

“We looked forward to adding to our family,” she said. “I started sewing for our new baby and thinking of fun ways to tell our kids.”

But soon she began experiencing lower abdominal pain, extreme nausea and dizziness, she said, but she thought it was just severe morning sickness.

In late February, she felt sick and nearly passed out. Blood was soaking through her jeans, she said.

She was diagnosed with a partial molar pregnancy, a dangerous condition where the pregnancy develops intertwined with a tumor that can become cancerous, she said.

Left untreated, she would be at risk for more severe bleeding, cancer, high blood pressure and death, she said.

“There was no chance of our baby surviving,” she said.

Her doctor told her she needed an abortion quickly or she would die, she said.

She was sent to the University of Oklahoma Medical Center in Oklahoma City, where doctors confirmed her condition and that she needed an abortion, she said.

But she said an ultrasound technician refused to sign off on an exception to state law that banned abortion. The technician insisted that he could hear a heartbeat, she said.

She then was sent to OU Children’s Hospital, where the team told her they could not help her, she said.

Her husband was told the hospital “couldn’t touch me until I was crashing and that we should wait in the parking lot until I was about to die,” she said.

“This is what maternal care during an (obstetric) emergency looks like under these abortion bans,” she said. “We will never get over what happened to us, turned away from so many hospitals where skilled and caring doctors could not act to save my life.”

She traveled to Wichita, Kansas, to terminate the pregnancy.

“While Jaci was getting treated, her family waited in the parking lot, where they were surrounded by protesters holding signs saying, ‘stone all whores,’” according to the complaint.

Rabia Muqaddam, Center for Reproductive Rights senior staff attorney, said the Emergency Medical Treatment and Active Labor Act is a federal law that applies to hospitals that receive Medicaid and Medicare funding.

Muqaddam said remedies include a corrective action plan and possible fines and other negative actions.

The Oklahoma Supreme Court found in March that a pregnant woman has an inherent right under the Oklahoma Constitution to terminate a pregnancy when it is necessary to preserve her life.

The decision came weeks after Statton’s experience, Muqaddam said, adding that she is hopeful that the decision will protect access to abortion in certain circumstances.

“What is apparent, though, is that hospitals remain confused and doctors in the state remain confused about their obligations under the federal law,” Muqaddam said. “Our hope is that this complaint will continue to improve access to abortion in these circumstances and to make sure hospitals are really providing care that they are both required to by EMTALA (the Emergency Medical Treatment and Active Labor Act) and required to under the state constitution now.”

Statton still has not recovered and has significant pain in her abdomen where the tumor was during her molar pregnancy, according to the complaint. She is also more sensitive to heat and feels more fatigued, it says.

She underwent a tubal ligation to prevent future pregnancies because she believes it is too risky to become pregnant in Oklahoma, according to the complaint.

“While she believes that is was the right choice for her health, Jaci is still sometimes sad that she will not be able to have more children,” the complaint says.

A statement on behalf of OU Health was issued after Statton participated in a virtual news conference about the lawsuit.

“Our physicians and staff remain steadfast and committed to providing the highest quality and compassionate care for women of all ages and stages of life,” the statement reads. “Our health care complies with state and federal laws and regulatory compliance standards. Our physicians and staff are aware of and follow state and federal laws.”

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