A woman is declared brain dead. A Georgia law forces her to carry pregnancy, report says
A Georgia woman whose family said has been declared brain dead is being kept on life support because she is pregnant, and state law prohibits abortion once a fetal heartbeat can be detected at about six weeks, according to a report.
Adriana Smith, 30, has been on a ventilator for over 90 days, her mother April Newkirk told 11Alive, an Atlanta-based NBC affiliate. Smith was nearly nine weeks pregnant in February when she started experiencing intense headaches. Though she sought treatment at a hospital, she was sent home with some medication and without further tests, Newkirk told the outlet.
The next morning, Smith, a mother and registered nurse, was gasping for air and making a gurgling noise in her sleep, so her boyfriend called 911 and Smith was taken to a different hospital, Newkirk said. A CT scan revealed she had blood clots, and she was later declared brain dead, Newkirk told 11Alive. Since then, she has been kept alive with machines and was recently transferred to Emory University Hospital Midtown, where doctors will deliver her fetus when it is time.
"It’s torture for me. I come here and I see my daughter breathing ... but she’s not there," Newkirk told 11Alive. "It should've been left up to the family."
Attempts by Paste BN to reach Newkirk on May 15 were unsuccessful.
What is Georgia's abortion law?
Georgia passed a ban on abortions after about six weeks of pregnancy in November 2022. The law has limited exceptions, including medical emergencies or cases where the pregnancy is "medically futile," and cases of rape or incest when a police report has been filed and the fetus is less than 20 weeks.
The law, known as the "heartbeat law" and formally called the Living Infants Fairness and Equality (LIFE) Act, has faced its fair share of controversy and legal challenges. It was introduced in 2019 but not enacted until after the 2022 overturning of Roe v. Wade.
Georgia's law has led to stories of women in medical peril as doctors try to toe a line between following the letter of the law and delivering critical care. Avery Davis Bell told Paste BN last year that life-saving care was delayed as she hemorrhaged while miscarrying in her second trimester of pregnancy because doctors said a dilation and evacuation procedure had to wait until her life was more at-risk. She was also treated at Emory Midtown, where Smith is hospitalized.
In a statement, a spokesperson for Emory Healthcare, the hospital system that oversees the hospitals where Smith has been treated, said it cannot comment on individual patient cases because of federal privacy rules. Smith was treated at Emory University Hospital and later transferred to its Midtown location.
"Emory Healthcare uses consensus from clinical experts, medical literature, and legal guidance to support our providers as they make individualized treatment recommendations in compliance with Georgia’s abortion laws and all other applicable laws. Our top priorities continue to be the safety and wellbeing of the patients we serve," spokesperson Janet Christenbury said.
A ProPublica report last year investigated the deaths of two Georgia women linked to the abortion ban. One of the women, Amber Nicole Thurman, died after doctors delayed a dilation and curettage procedure she needed because of a rare effect after taking abortion pills. Not all the tissue was expelled from her uterus and she became septic. By the time doctors took her to surgery, it was too late and she died, ProPublica reported.
Family of woman on life support wishes for a choice
Smith is expected to remain on life support through at least 32 weeks of gestation, when the fetus has a good chance of survival outside the womb, Newkirk told 11Alive. She said doctors told the family they did not have any other option.
“I think every woman should have the right to make their own decision,” Newkirk told the outlet. “And if not, then their partner or their parents.”
Smith also has a young son, who Newkirk has been taking to see her at the hospital. He thinks his mother is sleeping, Newkirk told the outlet.
The family might not have chosen to terminate the pregnancy anyway, Newkirk said, but their trauma was compounded by the inability to make the decision for themselves. She told 11Alive the situation is further complicated because the fetus has shown signs of potential health issues due to fluid on the brain. And each day Smith remains in the hospital, the bills pile up, Newkirk said.
"Now we’re left wondering what kind of life he’ll have – and we’re going to be the ones raising him," she told 11Alive, adding that she and Smith's boyfriend would be responsible for the child.
Contributing: Mary Walrath-Holdridge, Paste BN
(This story was updated to add new information.)