Episode Transcript
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Speaker 1 (00:00):
Already and this this is the Daily OS. This is
the Daily OS.
Speaker 2 (00:05):
Oh, now it makes sense. Good morning, and welcome to
the Daily OS. It's Monday, the twenty third of June.
Speaker 1 (00:18):
I'm Lucy Tassel, I'm Sam Becauseloski.
Speaker 2 (00:21):
Several months ago, a woman named Adriana Smith had a
medical emergency and ended up in hospital. Doctors found blood
clots on her brain and she was declared brain dead.
Her story didn't end there, however, because Adriana was around
eight or nine weeks pregnant and lived in the US
state of Georgia. In today's podcast episode, we'll explain what
(00:42):
happened next and the legal debate this case has sparked.
Speaker 1 (00:49):
And Lucy, I think it's important to say that this
is a really difficult story to talk about. So if
you don't think you're up for listening to this episode,
you can join us again this afternoon for the headline.
You can come and listen to tomorrow's episode. But you
and I have been following this story for a couple
of weeks now there's a lot to unpack, both in
terms of the woman at the center of it and
(01:09):
the actual kind of facts of what's gone on here. Yeah,
but also the laws that have allowed this to happen. Yeah,
why don't we start by talking about Adrianna Smith.
Speaker 2 (01:19):
So, Adrianna Smith was a thirty year old woman from
the US state of Georgia. She worked as a nurse
and she had a young son. In February, she began
having really strong headaches and at the time, she was
around eight or nine weeks pregnant. She went to a
local hospital, but her mother told local media that quote,
they gave her some medication, but they didn't do any
(01:40):
tests or scans. The following morning, so after she's come
home from the hospital, her boyfriend wakes up and he
hears her gasping for breath. He takes her back to
the hospital. At that point, they do a scan and
they find blood clots on her brain and it was
found to be too late for treatment. At that point,
she was declared brain dead.
Speaker 1 (01:58):
And let's be really specific about that, because I know
we're not using that term colloquially.
Speaker 2 (02:03):
It's certainly not.
Speaker 1 (02:04):
It's a medical term. So it explains to me what
the term brain dead actually means.
Speaker 2 (02:08):
Yeah, so brain death is declared when a person dies
while they're on life support. It means their brain has
ceased to function, and they're not responding to any stimuli like,
for example, light being shone in their eyes or like
being touched. They're just not responding, right. A brain dead
person can look and feel alive, like I was reading
a source that said they could physically feel warm because
(02:29):
blood is pumping, but they're not actually alive because their
brain has ceased to function.
Speaker 1 (02:35):
And they're on life support.
Speaker 2 (02:36):
Right, Yes, So that means like a ventilator, for example,
which is a device that pumps air into your lungs
when you can't breathe on your own, keeps everything moving
in the body. When a person is declared brain dead,
that means doctors think that if they turned off the ventilator,
they would stop breathing and they would die completely in
the whole body would die, not just the brain.
Speaker 1 (02:57):
And that's the situation that Ajuanis was on that morning
in February.
Speaker 2 (03:02):
Right, Yes, exactly. There's another important thing I should mention
about Adriana now, other than the facts that we know,
which is that she was declared brain dead in February,
and she was at that time pregnant. Adriana Smith was black.
In the US, black women are at significantly higher risk
of dying while pregnant or giving birth, three times more
likely than white women, according to the Centers for Disease
(03:25):
Control and Protection, which you would know is the CDC.
Speaker 1 (03:28):
And does the CDC have any sense of why there's
that disparity.
Speaker 2 (03:33):
They have a few different reasons. One of them is
racism in the medical system, including a lack of understanding
of the signs of medical issues in black women. Someone
who's actually been really outspoken about this is Serena Williams,
who everyone would know one of the world's greatest athletes,
the greatest female tennis player of all time, if not
the greatest of all time. But that's a story for
(03:54):
another day. In twenty eighteen, she gave an interview to
Vogue after she'd had her first child, Olympia. She said,
after she gave birth, doctors didn't believe her when she
said that she was getting blood clots on her lungs
and that quote. A nurse thought her pain medicine might
be making her confused. So that story, oh and then sorry,
typic clear. She then did end up having blood clots
(04:14):
on her lungs once they gave her the scan that
she had requested. And that story has really stuck with
me ever since I read about it seven years ago,
and it came to mind again when I was reading
about Adriana Smith, because I was thinking, you know, if
an elite athlete likes Serena Williams, someone who I would
assume knows their body better than ninety nine percent of
people in the world, because she's had to perform at
(04:36):
such a high level, it can be disbelieved by doctors.
What does that mean for someone who is just a
regular person.
Speaker 1 (04:43):
Sure, and we're picking up the story where Adriana is
lying in hospital, she's been declared brain dead and the
ventilator is the thing that's allowing her to breathe. Yeah,
take us through what happens after that.
Speaker 2 (04:54):
Well, before I do that, I have to just quickly
jump back to June twenty twenty two, when the US
Supreme Court overturned its previous decision in the Roe versus.
Waged Court case. For those who don't know who might
need a refresher, this was a nineteen seventies court decision
that meant that abortion was protected at the federal level
in the US under the constitutional right to privacy. It
(05:17):
meant that states had to provide abortion in some way,
they could restrict it, but not if that imposed a
quote undue burden, then that was overturned.
Speaker 1 (05:27):
A massive moment in American history.
Speaker 2 (05:30):
Yes, so June twenty twenty two. And what this meant
was that states were free to make their own laws again.
And several states had already prepared by passing laws ahead
of time which went into effect as soon as or
shortly after the court decision was handed down.
Speaker 1 (05:46):
So these laws would basically say, the day after a
Rovwaid decision is overturned, this is the new legal framework.
Then those laws would even be passed by state legislators, yes,
for ready active whenever there's a reversal at the Supreme Court, right.
Speaker 2 (06:03):
Yes, and including then like court challenges would be prepared for.
So okay, So on the day when that law goes
into effect, we now are immediately filing a petition to
the court to get this stopped. So Georgie's law had
been passed in twenty nineteen, and that ban went into
effect fairly soon after the Roe v. Wade being overturned.
(06:23):
That ban restricted abortion to before the fetus has a
detectable heart beat. So that means basically if there is
a detectable heart beat, abortion is not allowed. This is
typically around six weeks that's before many know they are pregnant,
and at this point the fetus is the size of
a p There are a couple of exceptions, so rape
(06:45):
and incest, and there's also an exception for when a
doctor finds the pregnancy is quote medically futile to quote
Georgia law again quote in conducting an abortion, if the
child is capable of sustained life medical aid then available
shall be rendered. And then there's this other law passing
two thousand and five which means that an abortion in
(07:05):
the state can only be carried out with consent from
the woman who's pregnant. And again I'll just flag like
this is where things start to get quite intense. So again,
feel free to join us again for the headlines or tomorrow.
Speaker 1 (07:20):
We're just going to take a quick pause there and
hear a message from our sponsor. And so, based on
what you've told me so far, we've got Adriana in hospital,
not in a position to give that consent. Yes, But
then I guess where this story is heading is if
the doctors found that the fetus can survive, then the
pregnancy had to continue, right.
Speaker 2 (07:42):
Yes, so that's what's happened here. Doctors found that the
heartbeat law restricted them from terminating the pregnancy because Adriana
was on a ventilator, so her body could continue living
and carry the pregnancy for some time longer. Her family
told the local news in May that the baby was
doing okay, that toes, arms, and limbs were forming, but
(08:03):
they also said they didn't get a say in what
happened to Adriana. So her mother, April told media quote,
we didn't have a choice or a say about it.
We want the baby, that's a part of my daughter,
but the decision should have been left to us, not
the state.
Speaker 1 (08:17):
It's a really interesting one, especially in the context of
what we would know as next of kin laws and
all of those kind of ways that we defer judgment
to the next best person in those sorts of situations.
Did we hear anything from the hospital about this case?
Speaker 2 (08:33):
So it said, privacy rules meant it couldn't comment on
this specific case, but it said it quote uses consensus
from clinical experts, medical literature, and legal guidance to support
our providers as they make individualized treatment recommendations. In compliance
with George's abortion laws. Now, the doctors had planned to
allow the pregnancy to continue until August. They believed at
(08:55):
this point the baby would be developed enough to survive
being taken from age Rihanna's body, so they were expecting
that to happen around thirty two weeks gestation. But they
have since intervened, which is why we're talking about this today, and.
Speaker 1 (09:07):
So give me a sense of where we're at now.
Speaker 2 (09:10):
So last week, Baby Chance was taken from Adriana's body
via caesarean section. He weighed around eight hundred grams. This
means he's considered a micro premie, so very very premature.
And Adriana has also been taken off life support, so
she has now officially died in the eyes of the law.
Something else I'd like to address quickly, even though I
(09:31):
will say it's very distressing, I think it's important to say.
When I was reading about this story online, I saw
a lot of commenters suggesting or sharing this idea that
Adriana's body was in some way not able to continue
the pregnancy. Decay was the word I heard. I just
want to say, like, I know that that's very distressing,
but I felt it was important to kind of address
(09:52):
this because I have not seen any public information from
reputable sources about that, so it could be a case
of misinformation. However, I will say there is not a
huge amount that has been made public about why chance
has now been born, So I just wanted to address that,
to acknowledge based on what we know that hasn't been
(10:12):
the case, but we don't know as much as we
might eventually know.
Speaker 1 (10:16):
It's really it's quite something when there's a story of
an individual that encapsulates what's going on legally at as
large as a national level in a country like the US,
with something as charged as abortion laws and the Roe v.
Wade precedent. What has the reaction been to this case
(10:36):
kind of playing out.
Speaker 2 (10:38):
From reproductive rights activists and from members of the public
or some members of the public. I can say the
reaction has been horror. I mean, as journalists, we don't
tend to use emotive language, but that is objectively what
I can see has been the reaction from some activists
and from some people from the political side of things.
The Georgia Attorney General, so the state's top league official,
(11:00):
said in May that the state's law does not actually
cover this situation and that if doctors had taken Adriana
off life support, it would not have been counted as
ending the pregnancy, but another legal expert has said that's
only something that can be tested in court. One of
the politicians who pushed the law through the legislature, so
the state parliament equivalent, Senator Ed Setzler, told the Catholic
(11:23):
News Agency that he was happy with the hospital's work
to quote stabilize the child, and said its decision was
not inconsistent with the law that he helped pass, but
that he saw an argument that quote the removal of
the life support of the mother is a separate act
from terminating the pregnancy. But he said this in May,
months after the hospital's decision. I guess I'll just close
(11:45):
by saying I still have a lot of questions about
the hospital staff who took care of Adriana's body, about
what we can expect to see from baby Chance, what
kind of life he can expect to lead, and about
what his family will do next. But we just don't know.
When we do know, we'll update you.
Speaker 1 (12:02):
Thanks for taking us through that, Lucy with so much care,
and as you said, you're often the person in the
office who's ensuring that we are the most objective as possible,
and that's something that you're just so naturally good at.
But with the story like this, I so appreciate you
taking us through it with the care that it needed
as well. And that's all we got time for today
on the podcast. Make sure that you look after yourself
(12:25):
after what was a heavy listen and look after yourself
in the week ahead. We're going to be back in
the afternoon with some headlines. Until then, have a beautiful day.
My name is Lily Maddon and I'm a proud Arunda
Bunje lung Kalkutin woman from Gadighl country.
Speaker 2 (12:41):
The Daily oz acknowledges that this podcast is recorded on
the lands of the Gadighl people and pays respect to
all Aboriginal and Torres Strait island and nations. We pay
our respects to the first peoples of these countries, both
past and present.