Texas family files lawsuit against state officials over death linked to abortion ban
The relatives of a Texas woman who died after being denied an abortion have sued the state attorney general and doctors, alleging the state's near-total abortion ban violates constitutional protections.
A Texas malpractice firm and the abortion-rights organization Amplify Legal filed a lawsuit on Tuesday in state court seeking damages and a constitutional ruling on the state's near-total abortion ban. The suit names Attorney General Ken Paxton, the Texas Medical Board executive director, the Bexar County district attorney, the University of Texas Health Science Center at San Antonio and three physicians who treated 37-year-old Tierra Walker, who died on Dec. 30, 2024, at 20 weeks pregnant.
Walker, who had chronic diabetes, hypertension, obesity and severe asthma, repeatedly requested an abortion while hospitalized for high-risk complications. According to the complaint, doctors dismissed her requests and did not provide information about termination options. Medical records show her blood pressure remained dangerously high and a physician noted that delivering the baby might be the best treatment for preeclampsia.
"Both the Texas Constitution and the Federal Constitution prohibit state actors from killing their citizens," the filing states.
The plaintiffs argue that Texas’s abortion law, which allows exceptions only when a pregnancy threatens a woman's life or poses a serious risk of substantial impairment of a major bodily function, is unconstitutionally vague and has led to preventable deaths. They seek a jury trial and a judgment that the law violates both state and federal constitutions.
The lawsuit is the first to directly target Paxton, who has been a vocal defender of the ban and is currently campaigning for a U.S. Senate seat. Paxton’s office, the medical board, and the district attorney’s office did not immediately respond to requests for comment. The University Health System declined to comment on the pending litigation, stating that it follows clinical standards, legal requirements and patient privacy protections.