Update on Emergency Abortion Denial Lawsuit Against St. Joseph Hospital
Today, California Attorney General Rob Bonta issued a “stipulation and proposed order” in an ongoing lawsuit against Providence St. Joseph Hospital in Eureka. The legal action alleges that in February, the hospital denied a life-saving emergency abortion to a woman who was experiencing severe complications.
While St. Joseph Hospital denies the allegations, the proposed order indicates an agreement to the Attorney General’s terms, ensuring that the hospital will provide emergency abortion care when a patient’s health is at serious risk. Lauren Schmitt reports…
This legal action comes after the hospital allegedly denied a life-saving emergency abortion to local chiropractor Anna Nusslock, who was 15 weeks pregnant with twins and faced severe complications in February. The lawsuit claims that the hospital’s refusal violated California law, which mandates emergency care, including abortion, when necessary to protect the patient’s health.
In the lawsuit, Nusslock’s case highlights the urgency of such care. After her water broke prematurely, she was transferred to another hospital 12 miles away, where she was hemorrhaging by the time she arrived. While physicians agreed that an abortion was necessary, St. Joseph, a Catholic-affiliated hospital, reportedly followed its policy prohibiting intervention unless the patient’s life was ‘immediately’ at risk.
During a September press conference, Bonta stressed that California must ensure no other patient faces similar risks, stating, “Something this draconian, unlawful, and cruel should never happen anywhere—especially not in California, a state that upholds reproductive freedom.”
The proposed order, now filed in Humboldt County Superior Court, is a legal agreement between the Attorney General’s office and St. Joseph Hospital, laying out specific binding terms. While the hospital does not admit liability under the agreement, the proposed order requires St. Joseph to adhere fully to California’s Emergency Services Law (ESL). Under this law, hospitals must provide emergency care, including terminating a pregnancy if the patient’s health is in serious jeopardy. The order also prevents the hospital from transferring a pregnant patient without first providing essential emergency care. St. Joseph has seven days to respond to the stipulation, with the court retaining full authority to enforce the terms if the judge approves the order.
This case has gained further significance with the closure of Mad River Community Hospital’s birthing center earlier this month. With no plans for a birthing center at the new Garberville Hospital, St. Joseph’s is the only hospital with labor and delivery services in Humboldt County. The Attorney General’s office noted that, without accessible alternatives, future patients in similar situations may face dangerous delays if they must wait until they’re critically ill before St. Joseph can legally intervene.
Bonta’s office pointed out that California relies on state laws to protect pregnant patients, as federal guidelines under EMTALA (Emergency Medical Treatment and Labor Act) remain unclear after recent court decisions. The outcome of this case could set an important precedent for how religious hospitals handle emergency reproductive care in the state.
Today’s stipulation and proposed order was filed in Humboldt County Superior Court and is awaiting a judge’s signature.
