EUREKA, Calif. -- Providence's St. Joseph Hospital in Eureka filed a request for dismissal on the lawsuit the state launched against them for allegedly denying a woman a medically necessary abortion. However, another lawsuit has now been launched, alleging the same acts against a different woman.
The initial lawsuit, launched in October by State Attorney General Rob Bonta, alleged a woman named Anna Nusslock was denied an emergency abortion after doctors at St Joseph determined the twin fetuses in her womb were no longer viable, and would not survive. Instead of directing her to Arcata's Mad River Hospital which is a 20 minute drive away. By the point the procedure was done at Mad River, Nusslock allegedly suffered a number of medical complications due to the wait.
Bonta said in the lawsuit that these alleged actions violate California's Emergency Services Law or ESL, and sections of the state's Civil Rights Act.
The hospital initially denied the claims, although they agreed to a stipulation that staff would provide these services going forward.
In a new filing, the hospitals attorneys argue the case should be dismissed on several grounds. Primarily they argue the attorney general does not have the right to persecute based on the ESL, and instead any investigative work should be left to the California Department of Public Health. Additionally while they say they are not giving any credence to the state's alleged timeline they argue if what the state alleges is true, hospital staff would have had grounds to deny the service based off religious freedom.
In Mid-December a new lawsuit was filed by an anonymous resident of Humboldt alleging similar actions were taken by staff at St. Joseph the multiple times she's gone there for pregnancy issues. The new lawsuit describes actions that were similar to Nusslock's case in three separate incidents where the anonymous woman had a miscarriage and went to St. Joseph for care. Claiming the staff there denied her services every time, and directed her to another hospital. Alleging after one refusal, she was forced to drive over five hours to San Francisco to receive help.
The new lawsuit is seeking punitive damages and recompense for medical costs and against the hospital.
The next hearing on the lawsuit from the state is Jan. 27.