A pregnant mother from Baton Rouge, Louisiana, is facing a difficult decision after learning that her unborn child was diagnosed with acrania–a rare and fatal congenital disorder.
Nancy Davis, who is 13 weeks pregnant with her second child, has a week to decide whether she will carry the baby to term–despite doctors informing her it would not survive–or travel to another state to have an abortion.
Her case is among other tragic examples seeing an increase in the US following the conservative court majority's decision to strike down Roe v Wade–which previously gave people the constitutional right to access reproductive healthcare.
\u201cA woman in Louisiana is being forced to carry a fetus without a skull to term. It will be dead on delivery.\n\nBecause abortion is banned, she\u2019s being forced to carry a corpse for 6 more months.\n\nRoe v Wade kept us from stories like these every day.\u201d— lil honkin caboose (@lil honkin caboose) 1660848061
Davis told WAFB:
“It’s hard knowing that ... you know I’m carrying it to bury it...you know what I’m saying."
\u201cDoctors gave Nancy Davis a devastating diagnosis: The fetus she's carrying, because of a rare and fatal condition, will not form a skull.\n\nYet she's been told she can't get an abortion, since the condition isn't among the exceptions to the state's ban. https://t.co/gaEZhCkiQN\u201d— The New York Times (@The New York Times) 1660939213
She and her boyfriend were excited to welcome their new baby, but the prospect turned grim after she received her first ultrasound at Women's Hospital when she was ten weeks pregnant.
She recalled:
“It was an abnormal ultrasound, and they noticed the top of the baby’s head was missing and the skull was missing, the top of the skull was missing."
The fetus was diagnosed with acrania–which refers to the absence of the fetal skull "with freely exposed brain tissue to amniotic fluid."
The fatal medical condition often leads to anencephaly–a birth defect in which a baby is born without parts of a brain or skull.
Medical experts say babies with this condition only survive minutes to hours after birth.
\u201c@emily_woodruff_ @2020survivor16 Traumatized by the fact get baby is not viable, but then having to go through with a full term pregnancy to know once she had the baby will not be alive . Again, traumatizing her all over again.\u201d— Emily Woodruff (@Emily Woodruff) 1660938434
\u201c@nytimes It\u2019s called Anencephaly which my daughter had an abortion for a year ago for same reason. If she didnt it would have taken her 37 year old body a year to recover before trying again & the baby would have died either prior to birth or within 2 days afterwards. I support choice.\u201d— The New York Times (@The New York Times) 1660939213
Doctors encouraged her to have an abortion.
But when she agreed to the procedure, she was denied due to the detection of the fetus' heartbeat. Davis is now 14 weeks pregnant with a nonviable fetus.
She is seeking an abortion in another state.
You can watch a news report, here.
Ben Crump, a civil rights attorney representing Davis, said his client was put in a horrifically cruel position.”
\u201cMEDIA ALERT: @AttorneyCrump has been retained by a pregnant woman denied an abortion because doctors feared penalties under a new Louisiana law. Her fetus has acrania, the absence of a skull, and can't survive outside the womb. Now, she has to travel out of state for treatment.\u201d— Ben Crump Law, PLLC (@Ben Crump Law, PLLC) 1660942912
@BenCrumpLaw/Twitter
\u201c@BenCrumpLaw @AttorneyCrump Imagine the pain of first being told the fetus will be unviable outside the womb, if carried to term. \n\nThen, finding out she must watch her belly grow & suffer the pain of labor, only to watch her baby die in pain, soon after ! This is cruel, she doesn\u2019t deserve this.\u201d— Ben Crump Law, PLLC (@Ben Crump Law, PLLC) 1660942912
\u201c@emily_woodruff_ Ben Crump @AttorneyCrump will make sure the public is aware of what the State of Louisiana has done. I'm glad to hear she has excellent representation. \nhttps://t.co/1sO7VLWq4F\u201d— Emily Woodruff (@Emily Woodruff) 1660938434
Without commenting on the specific case due to medical privacy laws, a spokesperson for Woman's Hospital in Baton Rouge, Caroline Isemann, said navigating an unviable pregnancy is extremely complex in the state.
She told CNN:
"We look at each patient's individual circumstances and how to remain in compliance with all current state laws to the best of our ability."
"Even if a specific diagnosis falls under medically futile exceptions provided by (the Louisiana Department of Health), the laws addressing treatment methods are much more complex and seemingly contradictory."
State Senator Katrina Jackson, who wrote the state's abortion law said Davis should have been allowed to terminate her pregnancy based on a list of 25 exclusive exceptions from the Louisiana Department of Health.
Said Jackson:
"This woman is seeking a medical procedure for a pregnancy that is not viable outside of the womb."
In a statement, Crump said despite what Lousiana lawmakers claim:
"The law is having its intended effect, causing doctors to refuse to perform abortions even when they are medically necessary out of fear of losing their medical licenses or facing criminal charges."
"It's clear the State of Louisana is inflicting profoudn emotional and physical trauma on Ms. Davis and women like her with this harshly restrictive and confusing law."
\u201c@BenCrumpLaw @AttorneyCrump The hospital claims that they are confused about the Louisiana laws. Maybe they should just do right by the patient first.\u201d— Ben Crump Law, PLLC (@Ben Crump Law, PLLC) 1660942912
\u201c@BenCrumpLaw @AttorneyCrump The courts & the gov\u2019t have ZERO rights to dictate to a pregnant woman what the course of medical treatment will be for her & her fetus. We\u2019re so sorry for this woman\u2019s anguish, which is being worsened by these archaic, barbaric & unconstitutional laws.\u201d— Ben Crump Law, PLLC (@Ben Crump Law, PLLC) 1660942912
\u201c@emily_woodruff_ I hope she wins a huge settlement. Maybe the taxpayers will rethink their position of determining what's best for a woman if they keep having to pay for that control.\u201d— Emily Woodruff (@Emily Woodruff) 1660938434
Davis is planning to travel to Florida or South Carolina where she would be eligible for abortion, given the diagnosis of her unborn baby.