Latest news with #Newkirk
a day ago
- Health
A pregnant brain-dead woman in Georgia was kept on life support. Experts say it raises ethical, legal questions
Adriana Smith, a 31-year-old Georgia nurse and mother, was just eight weeks pregnant when she was declared brain dead in February after suffering a medical condition. However, the family claims the hospital told them legally she had to be kept on life support to allow the fetus to grow due to the state's strict abortion law. Her family alleges they were not allowed a say in whether to continue her care, according to local Atlanta station 11Alive. Last week, Smith's baby was born by emergency Caesarean section, weighing under 2 pounds and needing care in the neonatal intensive care unit (NICU), reported 11Alive. Smith's family did not respond to ABC News' request for comment. In a statement to ABC News, Emory Healthcare, the health care system Emory hospitals fall under, said its staff makes medical recommendations for patients using many factors. "The top priorities at Emory Healthcare continue to be the safety and wellbeing of the patients and families we serve. Emory Healthcare uses consensus from clinical experts, medical literature and legal guidance to support our providers as they make medical recommendations," the statement read. "Emory Healthcare is legally required to maintain the confidentiality of the protected health information of our patients, which is why we are unable to comment on individual matters and circumstances.' The case has captured national attention and raised numerous legal and ethical questions about medical consent; who should get to make decisions for permanently incapacitated people, especially when pregnant; and whether abortion laws are further complicating pregnancy care. "This is a case that reflects the confusion in the post-Dobbs-era," Michele Goodwin, the O'Neill professor of constitutional law and global health policy at Georgetown Law, told ABC News, referencing the Supreme Court decision that resulted in the overruling of Roe v. Wade. "Because the hospital believed that it could not allow this brain-dead woman to simply be deceased because the state has a very strict abortion law, they believe that they needed to do all matters possible to keep the fetus alive," she continued. What happened to Adriana Smith? Smith, who was 30 at the time, went to Northside Hospital in metro Atlanta in early February after developing severe headaches, her mother, April Newkirk, told 11Alive. Newkirk said Smith was given medication and sent home. She was not given a CT scan and not kept overnight for observation, according to Newkirk. Northside Hospital did not immediately return ABC News' request for comment. Newkirk said Smith's boyfriend woke up to her daughter gasping for air and she was taken to Emory Decatur -- and then Emory University Hospital -- where a CT scan showed multiple blood clots in her brain, according to 11Alive. She was declared brain dead on Feb. 19. The family told the local station that doctors allegedly said they were legally obligated to keep Smith on life support until the fetus was viable. "I think every woman should have the right to make their own decision," Newkirk told 11Alive. "And if not, then their partner or their parents." Newkirk said the family might not have chosen to end the pregnancy, but not having the decision because of the law added to their trauma, reported 11Alive. How does Georgia's abortion law play a role? In 2019, Gov. Brian Kemp signed into law Georgia's so-called heartbeat bill, known as the LIFE Act. The law prevents abortions from being performed once fetal cardiac activity can be detected, which typically occurs at about six weeks' gestation -- before many women know they're pregnant -- and redefines the word "person" in Georgia to include an embryo or fetus at any stage of development. The ban was initially blocked in court but was reinstated after the U.S. Supreme Court overruled Roe v. Wade in 2022. In September 2024, a state judge ruled that the ban was unconstitutional, but it was reinstated one week later by the Georgia Supreme Court. Goodwin said the act does not explicitly state that a deceased pregnant patient must be kept tethered to mechanical ventilation and there is no legislative history suggesting this was the intent of legislators who wrote the law. Arthur Caplan, a professor of bioethics at NYU Grossman School of Medicine, believes the hospital could have misinterpreted Georgia's abortion law. "What happened had nothing to do with abortion," Caplan told ABC News. "[The hospital] said they felt they had their hands tied. They couldn't do anything. They might break the abortion laws. Stopping care on a dead body that's pregnant is not an abortion. It just isn't. There is no way it can be." Thaddeus Pope, a law professor and bioethicist at the Mitchell Hamlin School of Law in St. Paul, Minnesota, agreed, saying if the family had declined continuing organ-sustaining treatment for Smith, it would not qualify as an abortion. "Yes, it would cause the death of the fetus, but that would not have been the goal or the intent or the motive, and that's a requirement under the definition of an abortion in the state of Georgia," he told ABC News. He added that Emory health care professionals may have been worried about turning off life support due to the "fetal personhood" section of the act. In a statement to 11Alive in May, the Georgia attorney general's office clarified that the act did not require Emory to keep Smith on life support. The office did not return ABC News' request for comment. Who gets to make medical decisions? Typically, hospitals follow advance directives, which are legal documents in which individuals outline instructions for medical care if they become unable to make decisions for themselves. If the individual does not have an advance directive, decisions on medical care generally fall to next of kin, such as a spouse, adult children or parents. It is not clear if Smith had an advance directive, but it likely would have been inapplicable because she was declared legally dead. In he absence of a directive, the decision on care should have fallen to a family member, according to Caplan. "There's no ethical justification for making unilateral decisions about what happened to Ms. Smith," Caplan said. "The family should have been involved to the extent to which they were capable of doing it." He said if the family felt too overwhelmed, then the next step would be getting a judge to appoint an independent guardian who can make decisions, adding, "You don't have the hospital staff do it." Pope said that under the Georgia Advance Directive for Health Care Act of 2007, a pregnant patient cannot be removed from life-sustaining treatment if the fetus is viable, even if there is an advanced directive request the removal. However, he said this would not apply to Smith because she was declared brain dead. Goodwin said she believes the landscape in a post-Dobbs America means more cases like Smith's are likely to occur and there will be confusion over what treatment to provide. Many state abortion laws have criminal penalties against medical providers, doctors, nurses or hospitals that perform abortions, which leads to providers being overly cautious, she explained. "So, what were the gold standards of treatment have now been put to the sidelines, as there is just simply confusion and a sense that better to not provide services, better to keep a person on ventilation who's brain dead than to act according to medical training and ethical training," Goodwin said. Caplan said there are ethical concerns raised about maintaining artificial breathing and heart function for Smith to help the fetus grow. [moved up] "The baby was incubated in a dead body. Is that normal?" he said. "Did the baby get enough oxygen, nutrients from a dead body Sadly, I'm not yet convinced that just because a baby has been delivered that the outcome is going to be good." Whether the family decided they did or did not want to keep Smith alive to save her baby, the choice should have been theirs, Pope said. "Arguably that same choice that would have been presented to the pregnant patient herself should be presented to the pregnant patient's substitute decision-maker," he said. Is there an obligation to keep the fetus alive? Newkirk told 11Alive doctors told the family that Smith's baby had a build-up of fluid in the brain and there were concerns of health issues including a risk of blindness or not being able to walk. "This decision should've been left to us. Now we're left wondering what kind of life he'll have -- and we're going to be the ones raising him," she told the station. Although doctors were hoping to keep Smith alive up until 32 weeks gestation, an emergency C-section was performed at 25 weeks gestation. It's unclear why the emergency C-section was needed. Baby Chance was born weighing 1 pound and 13 ounces and will require NICU care, according to 11Alive. A legally dead pregnant patient being kept on life support for so long is very rare. A 2014 review found most documented cases show gestation being prolonged by two to six weeks in legally dead pregnant patients. Additionally, a systematic review from German researchers found 30 such cases in medical literature between 1982 and 2010. Of those cases, just 12 viable infants were born and survived the neonatal period, which is the first 28 days of life. "I think there's a lot of lessons about the impact of abortion and fetal personhood laws," Pope said. "I think this is an extreme example that shows the impact is far wider than just preventing a so-called traditional abortion, and I think it adversely impacts the health care of pregnant women."
Black America Web
2 days ago
- Health
- Black America Web
Adriana Smith, Brain-Dead Georgia Mom On Life Support, Gives Birth Via C-Section
Source: Courtesy of Family / Courtesy Photo After months of being on life support due to a medical emergency linked to blood clots in her brain, Adriana Smith's baby boy was delivered via C-section prematurely on Friday, June 13, according to local Atlanta affiliate 11Alive. But the miracle birth is a bittersweet one, as Smith's family also has to prepare her funeral. Speaking with the outlet following the birth of her grandson, Smith's mother, April Newkirk, provided an update on the baby's health after weighing in at 1 pound, 13 ounces and being placed in the NICU. 'He's expected to be OK,' Newkirk shared. 'He's just fighting. We just want prayers for him. Just keep praying for him. He's here now.' Visibly emotional, Newkirk expressed her feelings about saying a final goodbye to her daughter after months on forced life support due to Georgia's abortion ban. 'It's kind of hard, you know,' she said of her daughter, who turned 31 years old on June 15. 'It's hard to process. I'm her mother. I shouldn't be burying my daughter. My daughter should be burying me.' 'If I could say one more thing to her, I guess I would tell her that I love her and that she was a great daughter,' Newkirk added. Per Georgia law, most abortions are banned after cardiac activity is detected, which is around six weeks of pregnancy and before many women even realize they are pregnant. On February 19, Smith, a nurse, was declared brain dead at eight weeks pregnant. Newkirk said doctors then informed her that due to Georgia's abortion law, House Bill 481 or the LIFE Act, they were required to keep Smith on life support until the baby could be delivered, according to 11Alive. However, the LIFE Act does not explicitly address situations involving brain death, which experts say has caused confusion. The Georgia Attorney General's Office issued a statement back in May addressing the controversial law. 'There is nothing in the LIFE Act that requires medical professionals to keep a woman on life support after brain death,' said office spokesperson Kara Murray. 'Removing life support is not an action with the purpose to terminate a pregnancy.' 'I'm not saying we would have chosen to terminate her pregnancy. But I'm saying we should have had a choice,' Newkirk previously told the outlet of her daughter's right to choose. 'I think all women should have a choice about their body. And I think I want people to know that.' 'The same field that she worked in is the same people that failed her,' Newkirk said. SEE ALSO Adriana Smith, Brain-Dead Georgia Mom On Life Support, Gives Birth Via C-Section was originally published on Black America Web Featured Video CLOSE
Hindustan Times
2 days ago
- Health
- Hindustan Times
Who is Adriana Smith? Georgia's brain dead woman gives birth amid abortion law controversy, ‘He's just fighting'
Adriana Smith, a woman from Georgia who was compelled to bear a child, gave birth after months of being brain dead. She is now anticipated to be taken off life support. According to her family, the baby was delivered on Friday. Smith's mother, April Newkirk, informed Atlanta's NBC station WXIA that the baby, Chance, was delivered via emergency cesarean section due to preterm birth. According to her, the infant is in the neonatal intensive care unit and weighs around one pound, thirteen ounces. 'He's expected to be OK,' she informed the broadcaster. 'He's just fighting. We just want prayers for him. Just keep praying for him.' Smith is also a mother to an elder son. In a previous interview, she told WXIA that the LIFE Act, the state's nearly complete restriction on abortion, forced the family to keep Smith alive. The Smith's family, who celebrated her 31st birthday on Sunday, stated that she was sent to the hospital in February after first seeking treatment for excruciating headaches. Also Read: Tyler Perry reacts to Derek Dixon's bombshell $260mn lawsuit allegations; Here's what he said In 2019, Governor Brian Kemp signed the 'Heartbeat Bill,' also known as the Living Infants Fairness and Equality (LIFE) Act, after it was passed by state lawmakers primarily along party lines. It generally outlawed abortions after six weeks. After the US Supreme Court overruled Roe v. Wade in July 2022, it formally entered into force. In response to a reaction from pro-abortion activists, similar laws were enacted in other states around the country. According to Newkirk, Smith was first admitted to Northside Hospital but was later discharged after receiving treatment. However, the hospital performed no tests or scans. Smith's boyfriend saw her gasping for air and making gargling noises when he woke up the day after she sought treatment, Newkirk told WXIA. A CT scan revealed many blood clots in Smith's brain after she was taken to Emory Decatur Hospital and then moved to Emory University Hospital, according to the station. Newkirk informed that her daughter was put on a ventilator after being deemed brain dead. Smith will be removed from life support on Tuesday, she said. 'It's kind of hard, you know,' she said to the station. 'It's hard to process.'
NDTV
3 days ago
- Health
- NDTV
Georgia's Brain Dead Woman Delivers Prematurely, Baby On Life Support
Atlanta: The baby of a woman in Georgia who was declared brain dead and has been on life support since February was delivered early Friday morning, her mother said. April Newkirk told WXIA-TV that 31-year-old Adriana Smith's baby was born prematurely by an emergency cesarean section early Friday, the Atlanta station reported Monday night. She was about six months into her pregnancy. The baby, named Chance, weighs about 1 pound and 13 ounces and is in the neonatal intensive care unit. "He's expected to be okay," Newkirk told the TV station. "He's just fighting. We just want prayers for him." Newkirk said her daughter had intense headaches more than four months ago and went to Atlanta's Northside Hospital, where she received medication and was released. The next morning, her boyfriend woke to her gasping for air and called 911. Emory University Hospital determined she had blood clots in her brain and she was declared brain-dead. She was eight weeks pregnant, according to WXIA. Newkirk said Smith would be taken off of life support Tuesday. The Associated Press called and emailed Emory Tuesday for comment. It is unclear why Emory decided to deliver the baby. The Associated Press has also tried to contact Newkirk. Smith's family said Emory doctors told them they were not allowed to remove the devices keeping her breathing because state law bans abortion after cardiac activity can be detected - generally around six weeks into pregnancy. Georgia Republican Attorney General Chris Carr later issued a statement saying the law did not require medical professionals to keep a woman declared brain dead on life support. "Removing life support is not an action 'with the purpose to terminate a pregnancy,'" Carr said. Newkirk said Smith loved being a nurse at Emory. She also has a 7-year-old son. Her family celebrated her 31st birthday Sunday with several advocacy groups. Newkirk did not speak at the event. "I'm her mother," Newkirk told WXIA. "I shouldn't be burying my daughter. My daughter should be burying me." (Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
7NEWS
3 days ago
- Health
- 7NEWS
Baby of brain-dead US woman Adriana Smith kept alive under Georgia abortion law delivered
The baby of Adriana Smith, a brain-dead pregnant woman in the US who has been kept alive by ventilators under Georgia's abortion law, has been delivered. The baby, named Chance, was born prematurely via emergency cesarean section on Friday, Smith's mother April Newkirk said. Chance weighed about one pound 13 ounces (822g) and is in the neonatal intensive care unit. 'He's expected to be OK,' Newkirk said. 'He's just fighting. We just want prayers for him. Just keep praying for him.' Smith also has an older son. Newkirk did not immediately respond to a new request for comment. She previously said the family was required to keep Smith alive under the state's near-total abortion ban, known as the LIFE Act. Smith, whose family celebrated her 31st birthday on Sunday, has been hospitalised since February after she initially sought treatment for severe headaches, her family has said. Newkirk said Smith initially went to Northside Hospital but was released and given medication. She said the hospital did not run any scans or tests. Northside did not respond to a request for comment on Tuesday. A day after she sought treatment, Smith's boyfriend woke to find her gasping for air and making gargling noises, Newkirk said. Smith was rushed to Emory Decatur Hospital and transferred to Emory University Hospital, where a CT scan showed multiple blood clots in her brain. Newkirk said her daughter was declared brain-dead and placed on a ventilator. Smith will be taken off life support on Tuesday, local time. 'It's kind of hard, you know,' she said. 'It's hard to process.' In Georgia, abortions are illegal after six weeks of pregnancy. Exceptions include some situations to protect women's lives and health, when fetal anomalies are detected and in cases of rape and incest that have been documented with police. The state Attorney General's Office said in May that nothing in the LIFE Act 'requires medical professionals to keep a woman on life support after brain death'. The office said removing a patient from life support 'is not an action with the purpose to terminate a pregnancy'. However, Republican state senator Ed Setzler, who sponsored the 2019 law, told The Associated Press that he supported the hospital's actions. 'I think it is completely appropriate that the hospital do what they can to save the life of the child,' he said. 'I think this is an unusual circumstance, but I think it highlights the value of innocent human life. 'I think the hospital is acting appropriately.' Emory Healthcare did not immediately respond to a request for comment. A spokesperson said in a statement last month that it 'uses consensus from clinical experts, medical literature and legal guidance to support our providers as they make individualised treatment recommendations in compliance with Georgia's abortion laws and all other applicable laws'.
