Family blames Texas' "merciless" abortion ban for woman's death, sues Paxton, others

The family of Tierra Walker, who died of preeclampsia at the age of 37 when she was 20 weeks pregnant, has filed a lawsuit in Texas, saying she was denied an abortion that could have saved her life as her health quickly deteriorated.

Lawyers for Walker's family filed the lawsuit Tuesday in Bexar County District Court accusing Texas Attorney General Ken Paxton, the University of Texas Health Science Center at San Antonio, several of her doctors and others of "deliberate indifference, discrimination, and medical mistreatment [that] ultimately caused her horrific and tragic death" in 2024. Preeclampsia is a severe high blood pressure condition in pregnancy that can be fatal.

Walker's family alleges Paxton — a Republican who is currently running for Senate — and another defendant, Stephen Brint Carlton, executive director of the Texas Medical Board, stripped her of her right to life by imposing "a merciless blanket prohibition" on abortion, while the doctors allegedly failed to offer life-saving medical treatment.

Paxton has been outspoken in his defense of Texas' near-total abortion ban. He has filed lawsuits against doctors and organizations who ship abortion pills to Texas from out of state. His office has not responded to CBS News' request for comment.

"At every turn, Texas's political and medical establishments not only failed but actively harmed Ms. Walker," the lawsuit alleges.

"Tierra Walker is dead because not one of her … healthcare providers would give her the one medical procedure that would have saved her life," Michelle Maloney, an attorney representing the family, told CBS News. They refused, she said, because of what she called "the immense culture of fear" that has developed around abortion in the state of Texas since the near-total ban came into effect in 2022.

ProPublica was first to report on the circumstances of Walker's death.

CBS News has reached out to all the parties involved in the lawsuit. University Health said in a statement that it could not comment on individual patients or litigation, but said, "Our priority is to provide medically appropriate and timely care, while safeguarding patient privacy and complying with all applicable laws and regulations."

Walker learned she was nearly eight weeks pregnant on Sept. 19, 2024, during an emergency room visit.

She had been working to get her health back on track after struggling with chronic health problems for years, including obesity, high blood pressure, asthma and Type 2 diabetes. Three years earlier, she had developed preeclampsia while pregnant with twins, which led to the stillbirth of her twins and "sent her into a health spiral," the lawsuit says.

By mid-2024, her health was improving — her blood pressure was lower and she was losing weight with the help of a GLP-1 drug.

An emergency room doctor noted in Walker's medical records it was "too early in pregnancy to have eclampsia" and she was sent home after her blood pressure medications were adjusted to account for her pregnancy.

She returned to the hospital hours later as she continued to have seizures, nausea, vomiting and complained of pain.