Family of Texas woman who died while pregnant sues Paxton, doctors over denied abortion

The family of a Texas woman who died while pregnant filed a lawsuit Wednesday against Texas Attorney General Ken Paxton (R) after doctors denied her an abortion.

Tierra Walker, 37, died from preeclampsia in 2024 after she suffered “seizures, blood clots, and one hypertensive crisis” while she was four months pregnant. She asked multiple times before her death for an abortion but was told numerous times, “Her baby was fine,” according to court filings .

Attorneys for the family name Paxton, Executive Director of the Texas Medical Board Stephen Brint Carlton, University of Texas Health Science Center at San Antonio (UTHSCSA), Bexar County Hospital District, Bexar County District Attorney Joe Gonzales and three of Walker’s doctors as defendants in the lawsuit.

“Their deliberate indifference, discrimination, and medical mistreatment ultimately caused her horrific and tragic death,” lawyers for the Walker family write. “As a result, too many pregnant Texans have already died preventable deaths. Yet no one has held them accountable.”

“At every turn, Texas’s political and medical establishments not only failed but actively harmed Ms. Walker,” the attorneys continued.

The Texas Medical Board told CBS News that under its current rules, “When addressing a condition that is or may become emergent, a physician is not required to wait until a mother’s life is in immediate danger or her major bodily function is at immediate risk before providing necessary medical care,” and noted that in some circumstances, that care “May include the termination of a pregnancy.”

A ProPublica report about Walker identified as many as 90 medical professionals who were involved with her care, but none offered her the option of an abortion, according to medical records.

One attorney, Molly Duane, representing the Walker family said in a press release Wednesday, “Tierra Walker is proof that there is no exception. If she did not qualify, if even her doctors were too scared to act, then the medical emergency exception is nothing more than words on a page.”

“Texans are dying because of abortion bans and Ken Paxton and the state of Texas are just letting it happen,” she added.

Texas enacted laws in 2022 that prohibit almost all abortions , including cases of rape or incest, but has exceptions for “situations in which the life or health of the patient is at risk.” Doctors in the state can also face felony charges if they perform abortions along with jail time, loss of one’s medical license and fines of up to $100,000.

The laws followed the Supreme Court’s decision to overturn Roe v. Wade, which ended constitutional protections for abortions at any stage.

Paxton has defended Texas’s abortion policies — mostly recently in the surrogacy case of McKenna West who fled to the Lone Star State after the unborn child’s biological parents requested she have an abortion.

He intervened in the case, demanding protection for the surrogate mother and arguing the child should receive the medically necessary treatment.

Paxton’s Office and the Texas Medical Board did not respond to The Hill’s request for immediate comment on the lawsuit.