California Attorney General Rob Bonta announced Tuesday that a Catholic hospital in Eureka has agreed to provide emergency abortion care to its patients while a lawsuit against it proceeds.
Bonta sued Providence St. Joseph Hospital in state court in California in September for violating state law by refusing to provide emergency abortions to people experiencing obstetric emergencies. The lawsuit focused on the case of Anna Nusslock, who had been pregnant with twins. Nusslock’s water broke when she was 15 weeks pregnant on Feb. 23, 2024. Bonta said that although doctors told Nusslock her pregnancy was no longer viable and that she needed an abortion to prevent serious health risks, the Catholic hospital refused to provide abortion care because a fetal heartbeat had been detectable.
As a result, Bonta said, Nusslock was forced to travel to another hospital 12 miles away while she was actively hemorrhaging. Per the lawsuit, Providence “offered her a bucket and towels on her way out the door ‘in case something happened in the car.’”
Bonta said Providence’s policy and actions violated California law and discriminated against pregnant patients. He moved for a preliminary injunction, which the attorney general said was “especially critical” given that Providence will be left as the only hospital with a labor and delivery unit after October as the hospital where Nusslock was ultimately treated was closing.
“The next person in Anna’s situation will face an agonizing choice of risking a multi-hour drive to another hospital or waiting until they are close enough to death for Providence to intervene,” Bonta warned at the time.
Though the lawsuit is still proceeding, the stipulation entered into on Tuesday provides that Providence will allow its physicians to perform an abortion “whenever the treating physicians determine in their professional judgment that failing to immediately terminate the pregnancy would be reasonably expected to place the patient’s health in serious jeopardy; result in serious impairment to the patient’s bodily functions; or result in serious dysfunction of any bodily organ or part of the patient.”
The stipulation also said that the hospital may not transfer a pregnant patient without first providing emergency services and care, including abortion care, and without determining that the transfer would not jeopardize the patient’s health.
Further, the hospital agreed that it would not discharge patients with instructions for self-transport to another facility.
“While Providence St. Joseph should have been complying with state law up to now, thereby avoiding the harm and trauma to Californians they caused, I am pleased that the hospital has agreed to fully comply with the law going forward, ensuring access to life-saving health services including emergency abortion care,” Bonta said Tuesday about the stipulation. “At the California Department of Justice, we believe that abortion care is healthcare. We will ensure that this right is upheld and will continue to hold accountable those who break the law.”
Counsel for the hospital did not immediately respond to request for comment.
A copy of the parties’ stipulation can be found here.
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