John Chiv: "As we have made clear in our briefs, Providence is in the wrong. There is no legal basis to dismiss our case."

Feb 13, 2025

"As we have made clear in our briefs, Providence is in the wrong. There is no legal basis to dismiss our case."

I was planning on some court documents for tomorrow's hearing which is on the demurrer filed by Providence in the lawsuit filed against them by the State of California. This includes Providence adding more lawyers to their team.

This was before California Attorney General Rob Bonta issued a statement today "in advance of tomorrow's hearing on Providence St. Joseph Hospital’s (Providence) attempt to dismiss the Attorney General’s lawsuit."

California Attorney General Rob Bonta today issued the following statement in advance of tomorrow’s hearing on Providence St. Joseph Hospital’s (Providence) attempt to dismiss the Attorney General’s lawsuit alleging that the hospital violates multiple laws by, as a matter of policy, denying pregnant patients the emergency abortion care they need.

“At the California Department of Justice, we are fully committed to protecting reproductive rights. Whether threats to those rights are coming from Washington D.C. or within California, we will not back down,” said Attorney General Bonta. “As we have made clear in our briefs, Providence is in the wrong. There is no legal basis to dismiss our case. Denying emergency abortion care to pregnant patients who need it is unlawful under multiple laws, and we are looking forward to making our case at tomorrow’s hearing.”

On September 30, 2024, Attorney General Bonta announced a lawsuit against Providence in Eureka, California. Filed in Humboldt County Superior Court, the lawsuit alleges that the hospital violated California’s Emergency Services Law (the state level analogue to the federal EMTALA statute), the Unruh Civil Rights Act, and the Unfair Competition Law. One particular patient, Anna Nusslock, had her water break when she was 15 weeks pregnant with twins on February 23, 2024. Despite the immediate threat to her life and health, and her pregnancy no longer being viable, Providence refused to treat her. She had to travel to a small critical access hospital called Mad River, 12 miles away, where she was actively hemorrhaging by the time she was on the operating table. In October 2024, Mad River Community Hospital closed its labor and delivery unit — leaving Providence the only available option for women in Humboldt County. The next person in Anna’s situation will face the agonizing choice of risking a multi-hour drive to another hospital or waiting until they are close enough to death for Providence to intervene.

On October 29, 2024, Attorney General Bonta announced securing a stipulation from Providence that will ensure the hospital follows California law while the case proceeds.