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    A Family in Crisis

    Husband of brain-dead pregnant woman sues Fort Worth hospital to remove wife from life support

    Claire St. Amant
    Jan 22, 2014 | 2:11 pm

    UPDATE: Attorneys for Erick Munoz have released a statement about the status of the fetus Marlise Munoz is carrying. This story has been changed to reflect this new information.

    --

    Erick Munoz has filed a lawsuit against John Peter Smith Hospital in Fort Worth to compel doctors to remove life support from his brain-dead, pregnant wife. Marlise Munoz was rushed to the hospital on November 26 when she was 14 weeks pregnant.

    Marlise has not shown any brain activity since being admitted, and it is believed she suffered a pulmonary embolism. Family members — including her husband — have publicly said they do not want to keep her on life support.

    "In fact, Marlise cannot possibly be a 'pregnant patient' — Marlise is dead," the lawsuit reads.

    Marlise is now 21 weeks pregnant. The couple already has a 1-year-old son, Mateo.

    In the Tarrant County lawsuit filed January 14, Erick Munoz references the fact that because he and his wife worked as paramedics, they had ample opportunities to ponder life and death issues. Erick says Marlise's clear, expressed desire was to not be resuscitated should she ever become brain dead.

    Although the hospital has not released specific information on Marlise's condition due to privacy laws, Erick says in the filing that he saw the words "brain dead" on his wife's medical chart.

    "Despite Marlise's brain death, [John Peter Smith Hospital] has maintained Marlise on a respirator and has forced on her deceased body other 'life sustaining' treatments," the filing reads.

    The hospital has repeatedly cited a section of the Texas Advance Directives Act as a legal mandate that Marlise must be kept alive until the baby can be delivered. The section reads, "A person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient."

    Quoting a separate section of the Texas Health and Safety Code, the filing argues that because Marlise has no brain function, she is legally dead under Texas law and not subject to the subchapter about pregnancy.

    "In fact, Marlise cannot possibly be a 'pregnant patient' — Marlise is dead," reads the filing, which also asserts that the hospital is "mutilating, disturbing and damaging Marlise's deceased body, and further refusing to release it to Erick for proper preservation and burial."

    In a related filing, Erick Munoz also argues that the hospital is violating Marlise's 14th Amendment rights to privacy.

    "Marlise has a fundamental right to make medical decisions regarding her own body, even if those decisions affect some point of the gestation period," the second filing reads. "To take those rights away from Marlise, and force her to be subject to various medical procedures simply because she is pregnant, is a gross violation of her constitutional rights."

    The case was originally before Judge Melody Wilkinson, but she recused herself two days after the lawsuit was filed, citing "time sensitive issues that require immediate attention." On January 17, the case was transferred to Judge R.H. Wallace.

    John Peter Smith Hospital has denied all the allegations in Erick Munoz's lawsuit, and a hearing on the motion to remove Marlise from life support will be held Friday, January 24.

    In a January 22 statement, attorneys Heather King and Jessica Janicek said they had obtained medical records regarding the condition of the fetus Marlise is carrying. The prognosis is grim and shows a number of defects:

    The Munoz and Machado families feel this information is highly private and extremely sensitive, and although we believe it has no legal relevance to the pending litigation, we believe just as strongly that there be absolutely no misconception about the condition of the fetus or the status of Marlise Munoz's deceased body. According to the medical records we have been provided, the fetus is distinctly abnormal. Even at this early stage, the lower extremities are deformed to the extent that the gender cannot be determined. The fetus suffers from hydrocephalus. It also appears that there are further abnormalities, including a possible heart problem, that cannot be specifically determined due to the immobile nature of Mrs. Munoz's deceased body.

    Marlise Munoz has been in the ICU at John Peter Smith Hospital in Fort Worth since November 26, 2013.

    Marlise Munoz
      
    Marlise Munoz Facebook
    Marlise Munoz has been in the ICU at John Peter Smith Hospital in Fort Worth since November 26, 2013.
    unspecified
    news/city-life

    Animal News

    Advocates find false info being fed to Texas legislators on pet store law

    Teresa Gubbins
    May 8, 2025 | 10:30 am
    Puppy mill dogs do not have a great life.
    Puppy mill dogs do not have a great life.
    undefined

    A national pet store chain has been implicated in a dishonest campaign to try and influence Texas lawmakers on an upcoming bill making its way through the legislature.

    The pet store chain is Petland, and they're engaged in a battle against The Ethical Pet Sale Bill (SB 1652 / HB 3458), which would encourage pet stores to stop selling at-risk animals from puppy mills and support shelters and rescue groups instead.

    The Ethical Pet Sale bill has support from rescue and animal groups across Texas, who are all grappling with a glut of animals on the streets and in overcrowded shelters. That pet overpopulation problem gets even worse when pet stores import more animals from puppy mills in states like Missouri and Ohio.

    If Texas passes the bill, it will join a growing number of states and cities who've already passed similar laws including Dallas, Austin, Bryan, College Station, El Paso, Euless, Fort Worth, Houston, New Braunfels, Pasadena, San Antonio, The Colony, Sherman, and Waco.

    Most reputable pet store chains such as PetSmart and PetCo do not sell cats and dogs. Petland does. The company operates 84 stores in the U.S., and fights bills like this by hiring lobbyists to discourage legislators from supporting these bills.

    Phony list
    In this case, a two-page summary was distributed to some Texas state senators listing reasons why they should oppose SB ("The evidence from other states, especially California, demonstrates that these types of bans do more harm than good"), plus a list of organizations that are opposed.

    Most of the organizations opposed to the bill profit directly from animals, such as Petland and Puppy Dreams, a North Texas chain that also sells animals.

    But the list also had surprising names including PetSmart, PetCo, and Pet Supplies Plus — the three largest pet store chains who all have a history of supporting adoption of shelter animals.

    Their presence on the list caught the eye of animal advocacy groups such as Texas Humane Legislation Network and Humane World For Animals, who've worked with the big three in the past.

    "We became aware of Petland Inc.’s lobbyist apparently sharing the attached document with legislators, claiming the listed pet and pet product industry leaders are opposing this legislation," said a spokesperson from Humane World of Animals (HWA). "We checked in with contacts at Petco, Petsmart, and the American Pet Products Association, and all of them deny opposing this legislation or giving Petland permission to list them on this opposition letter. It’s very possible others listed in this letter also did not give their permission to be included — we only connected with the those listed above at this stage."

    CultureMap also contacted the three major pet store chains and received similar responses that they had not been consulted nor did they issue a rejection of the bill, although none wanted to be quoted.

    The misrepresentation is concerning because it muddies the water with false information at a time when the bill is still under consideration:

    HB 3458 — the version going through the Texas House — passed a House Committee with a 10-1 vote and has been moved up the chain towards passage.

    SB 1652 — the version going through the Senate — still needs to get through the Senate Committee, Calendars, and a floor vote.

    "By creating a false narrative about the position of the above industry leaders, this letter has the potential to sway lawmakers at a critical juncture in the legislation’s journey," the HWA spokesperson says.

    Two Petland stores in the Dallas area — in Frisco and Tyler — have been the subject of undercover investigations. Petland Webster recently settled a lawsuit with several families that the store allegedly sold sick puppies to, and several lawsuits have been filed against Petland Woodlands in Texas, claiming the store sold sick puppies. One pet owner told the House Committee that he'd spent $20,000 on medical care of a puppy he bought at a pet store.

    "Banning the retail sale of puppies and kittens is a common-sense solution to protect both animals and Texas consumers," said Dean Senator Judith Zaffirini of Laredo, who filed the bill. "My SB 1652 would help reduce pet overpopulation, promote responsible breeding practices and prevent families from unknowingly purchasing sick animals. With varying local ordinances in place and further action at the city level now restricted, it is important for the state to provide a clear and consistent approach that prioritizes both animal welfare and consumer protection."

    politicsanimals
    news/city-life

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