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Protestors Rally Against Restrictive New Texas Abortion Law In Austin

A protester dressed as a handmaiden holds up a sign at a protest outside the Texas State Capitol in Austin on May 29, 2021.

(Photo by Sergio Flores/Getty Images)

Family of Tierra Walker—Who Died After Being Denied Abortion Care—Sues Texas AG Ken Paxton

State officials "have imposed a merciless blanket prohibition on abortion that intimidates doctors into inaction," says the lawsuit. "Too many pregnant Texans have already died preventable deaths."

"Tierra Walker is dead, and those responsible must be held accountable."

That's the opening line of a lawsuit filed by Walker's family in San Bexar County, Texas this week against the state's Republican attorney general, Ken Paxton, and various others over the death of the 37-year-old pregnant San Antonio woman.

On December 30, 2024, Walker's son "found her in bed, not breathing," the complaint notes. "It was his 15th birthday."

The teenager, as well as Walker's husband, mother, and aunt, who is responsible for her estate, are all involved in the wrongful death suit—the first of its kind, linking a "preventable death" to an abortion ban, according to The 19th.

In addition to Paxton, who is running for US Senate with support from President Donald Trump, the family is suing Bexar County District Attorney Joe Gonzales, Texas Medical Board Executive Director Stephen Brint Carlton, the University of Texas Health Science Center at San Antonio, and three doctors who treated Walker before she died.

"During the four months of her pregnancy, as she suffered through seizures, blood clots, and one hypertensive crisis after another, Ms. Walker repeatedly asked for an abortion to save her life," explains the filing. "Defendants associated with University Health responded only 'your baby is fine,' disregarding Ms. Walker's deteriorating health and constitutionally protected right to life."

The document argues that "their deliberate indifference, discrimination, and medical mistreatment ultimately caused her horrific and tragic death. Now, Ms. Walker's husband is a widower. Her disabled mother has lost her daughter and caregiver. And her teenaged son has no mother."

"Meanwhile, from the moment Texas' first abortion ban went into effect in 2021, through the overturning of Roe v. Wade, through the present day, defendants Ken Paxton and Stephen Brint Carlton have imposed a merciless blanket prohibition on abortion that intimidates doctors into inaction and breeds extreme fear among Texas' medical establishment," the filing notes. "As a result, too many pregnant Texans have already died preventable deaths. Yet no one has held them accountable."

The suit—filed by the principal attorney at the Marynell Maloney Law Firm and Amplify Legal, the litigation arm of the nonprofit Abortion in America—is designed to do just that.

"Tierra had a treatable medical condition, the problem was that the treatment she needed was an abortion," said attorney Michelle Maloney in a statement. "She died a preventable death. Medical and political negligence killed Tierra Walker."

Defendants in the case have declined to comment or, in some cases, even respond to media outlets, including The Texas Tribune. As the newspaper detailed Wednesday:

Months after Walker died, the Texas Legislature passed Senate Bill 31 aimed at ensuring that pregnant women receive lifesaving care under the state’s near-total abortion ban. It says that a patient doesn’t have to be in "imminent" medical crisis for doctors to intervene and that a doctor can only be charged if the state can prove "no reasonable doctor" would have made the same call. It also requires the Texas Medical Board to create training for doctors, which was finalized in early 2026.

But Molly Duane, one of the lawyers representing the Walker family, said during a news conference on Wednesday that SB 31 would not have prevented Walker's death.

"I would love if the Texas Legislature would actually take their responsibility here seriously and get rid of the laws that are causing so many deaths. I just don't have any confidence that that is something that they can do in this environment, but ultimately, that's a political question," Duane said.

ProPublica first reported that Walker "died after she couldn't get an abortion in Texas" last November. The investigative outlet has exposed similar deaths in the state—those of Nevaeh Crain and Porsha Ngumezi—as well as the first known case of a fatal abortion care denial in the wake of the Roe reversal: Amber Nicole Thurman in Georgia.

"No one else should have to experience what my family has gone through. Tierra was the glue that held our family together, and now she's gone," said Walker's aunt, LaTanya Walker. "Doctors all turned a blind eye as Tierra was dying, and refused to give her the abortion she needed to save her life. She deserves justice."

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