Family of Texas woman who died after being denied abortion sues Ken Paxton

The family of a pregnant Texas woman who died after allegedly being denied healthcare has sued the state's attorney general, Ken Paxton, and her medical providers for wrongful death. It is the first lawsuit in the United States to link a patient's death directly to a state abortion ban.

Tierra Walker, 37, died in December 2024 while 20 weeks pregnant. Her family alleges that doctors repeatedly refused to perform an abortion that could have saved her life, citing Texas's severe restrictions on the procedure.

What happened to Tierra Walker?

Walker had a medical history of chronic conditions—including diabetes, hypertension, obesity, and severe asthma—which made her pregnancy highly dangerous. She was hospitalised multiple times, and according to the lawsuit, she and her family repeatedly asked for an abortion as her health deteriorated.

Instead of providing or directing her to the procedure, doctors allegedly dismissed her concerns. Her aunt, LaTanya Walker, said medical staff repeatedly told them, "your baby is fine."

Walker died on 30 December 2024, days after being discharged from the University of Texas Health Science Center at San Antonio. Her 15-year-old son found her dead on his birthday. A medical examiner later ruled that she died of hypertensive cardiovascular disease with pre-eclampsia, a dangerous pregnancy-related high blood pressure condition.

Medical records cited in the lawsuit show that during her final hospital visit, Walker’s blood pressure was dangerously high. The doctor caring for her, who is a named defendant in the suit, wrote in her records that "delivering the baby"—which would end the pregnancy—"may be the best treatment for preeclampsia." However, the procedure was never performed.

The case against Ken Paxton

The lawsuit, filed on Tuesday in Bexar County district court by Walker's family alongside the abortion rights group Amplify Legal, is the first to target Paxton directly over a patient's death. The family argues that Paxton and other officials deprived Walker of her right to life by enforcing a "merciless blanket prohibition" on abortion.

Paxton, a Republican currently running for the US Senate, has been a fierce defender of the state's strict laws. He has previously threatened legal action against doctors who attempted to perform abortions under court-approved medical exceptions, and has prosecuted individuals linked to illegal procedures.

"Tierra Walker is dead and those responsible must be held accountable," the lawsuit states. "At every turn, Texas's political and medical establishments not only failed but actively harmed Ms. Walker."

Who else is named in the lawsuit?

Alongside Paxton, the lawsuit names Stephen Brint Carlton, the executive director of the Texas Medical Board, and Bexar County District Attorney Joe Gonzales. It also names the University of Texas Health Science Center at San Antonio and three of the doctors who treated Walker.

The family's legal team, led by attorney Molly Duane, noted that Walker’s illness made it impossible for her to travel out of state for care, a route taken by many other Texans seeking abortions. Her aunt said she considered buying abortion pills online but decided against it, fearing they might worsen her niece’s existing medical conditions.

"That's the problem. You should be able to get healthcare from your doctor," Duane said.

What is the state of Texas' abortion law?

Texas' near-total abortion ban offers exceptions only if a pregnancy puts a patient at risk of death or "poses a serious risk of substantial impairment of a major bodily function." However, doctors face severe criminal penalties and civil liability for violating the ban, leaving many hesitant to intervene.

The family is seeking a jury trial, damages, and a ruling that Texas' abortion laws violate both the state and US constitutions.