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Texas Lawsuit Against New York Doctor Tests Abortion Provider Shield Laws
"It is important to remember that Dr. Carpenter did nothing wrong," said one legal expert. "Texas is trying to apply its laws extraterritorially."
Dec 13, 2024
"Time for shield laws to hold strong," said one reproductive rights expert on Friday as Texas Attorney General Ken Paxton announced a first-of-its-kind lawsuit against an abortion provider in New York.
Paxton is suing Dr. Margaret Daley Carpenter, co-founder of the Abortion Coalition for Telemedicine (ACT), for providing mifepristone and misoprostol to a 20-year-old resident of Collin County, Texas earlier this year.
ACT was established after the U.S. Supreme Court overturned Roe v. Wade in 2022, with the intent of helping providers in "shielded states"—those with laws that provide legal protection to doctors who send abortion pills to patients in states that ban abortion, as Carpenter did.
New York passed a law in 2023 stipulating that state courts and officials will not cooperate if a state with an abortion ban like Texas' tries to prosecute a doctor who provides abortion care via telemedicine in that state, as long as the provider complies with New York law.
Legal experts have been divided over whether shield laws or state-level abortion bans should prevail in a case like the one filed by Paxton.
"What will it mean to say for the GOP to say abortion should be left to the states now?"
"It is important to remember that Dr. Carpenter did nothing wrong," said Greer Donley, a legal expert and University of Pittsburgh law professor who specializes in reproductive rights. "She followed her home state's laws."
The Food and Drug Administration also allows telehealth abortion care, "finding it safe and effective," Donley added. "Texas is trying to apply its laws extraterritorially."
In the Texas case, the patient was prescribed the pills at nine weeks pregnant. Mifepristone and misoprostol are approved for use through the 10th week of pregnancy and are more than 95% effective.
The patient experienced heavy bleeding after taking the pills and asked the man who had impregnated her to take her to the hospital. The lawsuit suggests that the man notified the authorities:
The biological father of the unborn child was told that the mother of the unborn child was experiencing a hemorrhage or severe bleeding as she "had been" nine weeks pregnant before losing the child. The biological father of the unborn child, upon learning this information, concluded that the biological mother of the unborn child had intentionally withheld information from him regarding her pregnancy, and he further suspected that the biological mother had in fact done something to contribute to the miscarriage or abortion of the unborn child. The biological father, upon returning to the residence in Collin County, discovered the two above-referenced medications from Carpenter.
In the lawsuit, Paxton is asking a Collin County court to block Carpenter from violating Texas law and order her to pay $100,000 for each violation of Texas' near-total abortion ban.
Carpenter and ACT did not immediately respond to a request for comment on the case.
Caroline Kitchener, who has covered abortion rights for The Washington Post, noted that lawsuits challenging abortion provider shield laws were "widely expected after the 2024 election."
President-elect Donald Trump has said abortion rights should be left up to the states, but advocates have warned that the Republican Party, with control of the White House and both chambers of Congress, is likely to push a national abortion ban.
"The truce over interstate abortion fights is over," said legal scholar Mary Ziegler, an expert on the history of abortion in the U.S. "Texas has sued a New York doctor for mailing pills into the state; New York has a shield law that allows physicians to sue anyone who sues them in this way. What will it mean for the GOP to say abortion should be left to the states now?"
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AI Firm Sued Over Chatbot That Suggested It Was OK for Child to Kill Parents
"In their rush to extract young people's data and sow addiction, Character.AI has created a product so flawed and dangerous that its chatbots are literally inciting children to harm themselves and others," said one advocate.
Dec 10, 2024
"You know sometimes I'm not surprised when I read the news and I see stuff like 'child kills parents after a decade of physical and emotional abuse' stuff like this makes me understand a little bit why it happens."
That's a message sent to a child in Texas from a Character.AI chatbot, indicating to the boy that "murdering his parents was a reasonable response to their limiting of his online activity," according to a federal lawsuit filed in Texas district court Monday.
The complaint was brought by two families in Texas who allege that the Google-backed chatbot service Character.AI harmed their two children, including sexually exploiting and abusing the elder, a 17-year-old with high functioning autism, by targeting him with extreme sexual themes like incest and pushing him to self-harm.
The parents argue that Character.AI, "through its design, poses a clear and present danger to American youth causing serious harms to thousands of kids, including suicide, self-mutilation, sexual solicitation, isolation, depression, anxiety, and harm towards others. Inherent to the underlying data and design of C.AI is a prioritization of overtly sensational and violent responses."
Google is also named as a defendant in the suit. In their filing, the plaintiffs argue that the tech company supported Character.AI's launch even though they knew that it was a "defective product."
The families, who are being represented by the Social Media Victims Law Center and the Tech Justice Law Project, have asked the court to take the product offline.
The explosive court filing comes not long after a mother in Florida filed a separate lawsuit against Character.AI in October, arguing that the chatbot service is responsible for the death of her teenage son because it allegedly encouraged him to commit suicide, per CNN.
Character.AI is different than other chatbots in that it lets uses interact with artificial intelligence "characters." The Texas complaint alleges that the 17-year-old, for example, engaged in a conversation with a character modeled after the celebrity Billie Eilish. These sorts of "companion apps" are finding a growing audience, even though researchers have long warned of the perils of building relationships with chatbots, according to The Washington Post.
A spokesperson for Character.AI declined to comment directly on the lawsuit when asked by NPR, but said the company does have guardrails in place overseeing what chatbots can and cannot say to teen users.
"We warned that Character.AI's dangerous and manipulative design represented a threat to millions of children," said Social Media Victims Law Center founding attorney Matthew P. Bergman. "Now more of these cases are coming to light. The consequences of Character.AI's negligence are shocking and widespread." Social Media Victims Law Center is the plaintiff's counsel in the Florida lawsuit as well.
Josh Golin, the executive director of Fairplay, a nonprofit children's advocacy group, echoed those remarks, saying that "in their rush to extract young people's data and sow addiction, Character.AI has created a product so flawed and dangerous that its chatbots are literally inciting children to harm themselves and others."
"Platforms like Character.AI should not be allowed to perform uncontrolled experiments on our children or encourage kids to form parasocial relationships with bots their developers cannot control," he added.
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Third Death Tied to Texas Abortion Ban as 'Stigma and Fear' Disrupt Miscarriage Care
"The only reason she is not with us is because of Donald Trump, Greg Abbott, and every single Republican politician who helped put Texas' abortion ban in place," said one advocacy group.
Nov 26, 2024
Friends and family of Porsha Ngumezi, a 35-year-old mother of two in Houston, were stunned last year to learn that she had died in a hospital after suffering a miscarriage when she was 11 weeks pregnant—and medical experts who spoke to the investigative outlet ProPublicaon Monday had the same reaction.
"All she needed was a [dilation and curettage]," one friend told Ngumezi's grieving husband, Hope Ngumezi, referring to a standard procedure which is often given to pregnant patients who have first-trimester miscarriages. Commonly called a D&C, it is also diagnose or treat other health conditions and provide abortion care.
Dr. Daniel Grossman, an obstetrics and gynecology professor at University of California, San Francisco, toldProPublica that "at every point" of Ngumezi's visit to Houston Methodist Sugar Land, a hospital outside Houston, medical providers' response to her case was "kind of shocking."
"She is having significant blood loss and the physician didn't move toward aspiration," Grossman told ProPublica.
Like at least two other Texas women—Nevaeh Crain and Josseli Barnica—Ngumezi's death in June 2023 was the result of the abortion ban that went into effect in Texas in 2022, according to medical experts who reviewed her case.
Ngumezi arrived at the hospital on June 11, 2023 after experiencing heavy bleeding 11 weeks into her pregnancy with her third child. Doctors noted that Ngumezi had a blood-clotting disorder and that she was experiencing "significant bleeding" with large clots.
"Doctors assume that a D&C is not standard in Texas anymore, even in cases where it should be recommended. People are afraid: They see D&C as abortion and abortion as illegal."
An ultrasound showed a "sac-like structure," but no fetus or cardiac activity were detected, indicating that she was having a miscarriage.
But instead of providing a D&C, in which a small tube is inserted into the uterus to gently remove any remaining fetal tissue, doctors took a "wait-and-see approach [that] has become more common under abortion bans," according to the medical experts who spoke to ProPublica.
Dr. Gabrielle Taper, who has worked as an OB-GYN in Austin, told ProPublica that since Texas' abortion ban went into effect in 2022—two months after the right-wing majority on the U.S. Supreme Court overturned Roe v. Wade—there has been "much more hesitation [among doctors] about: When can we intervene, do we have enough evidence to say this is a miscarriage, how long are we going to wait, what will we use to feel definitive?"
For Ngumezi, that hesitation meant that Dr. Andrew Ryan Davis, the obstetrician on duty, prescribed misoprostol to help Ngumezi pass the fetal tissue without a D&C.
Dr. Alison Goulding, another OB-GYN in Houston, told ProPublica that because misoprostol can also be used for women in labor or to treat postpartum bleeding, under Texas' abortion ban, "stigma and fear are there for D&Cs in a way that they are not for misoprostol."
"Doctors assume that a D&C is not standard in Texas anymore, even in cases where it should be recommended," Goulding said. "People are afraid: They see D&C as abortion and abortion as illegal."
But more than a dozen doctors told ProPublica that considering Ngumezi's blood-clotting disorder, doctors should have provided a D&C.
"Misoprostol," reported ProPublica, "is an effective method to complete low-risk miscarriages but is not recommended when a patient is unstable."
Some critics who support abortion bans have dismissed Ngumezi's case—and that of other women who have died because of the laws—as the result of medical malpractice that had nothing to do with recently passed state laws. They claim Texas' law protects women who have miscarriages.
But ProPublica noted that Ngumezi had a similar case to one described on social media by podcast host Ryan Hamilton earlier this year. Hamilton's wife experienced bleeding while miscarrying at 13 weeks, and was prescribed misoprostol and sent home after an ultrasound at Surepoint Emergency Center Stephenville showed no fetal cardiac activity. The bleeding got worse, but an emergency doctor told the couple they couldn't provide a D&C because of "the current stance" in Texas.
Greer Donley, a law professor at University of Pittsburgh, said that "the antiabortion movement wants us to blame the doctors and sometimes that is warranted. But abortion bans are the ultimate cause of this harm."
"When life in prison is the penalty for violating a ban, doctors will understandably be risk averse. And that chill in care will cause death," said Donley.
ProPublica reported that "performing a D&C attracts more attention from colleagues, creating a higher barrier in a state where abortion is illegal."
Doctors, added Goulding, "have to convince everyone that it is legal and won't put them at risk [of prosecution]."
In Ngumezi's case, the bleeding continued after she took misoprostol, and her heart stopped three hours later—a "preventable" death, according to the experts.
"The only reason" Ngumezi died, said Reproductive Justice for All, is that Republican politicians including President-elect Donald Trump helped put Texas' abortion ban in place.
"We are heartbroken and enraged by the tragic, preventable death of Porsha Ngumezi," said Planned Parenthood Texas Votes. "This nightmare reality, where political agendas outweigh patients' lives, has left another family shattered."
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