Mercy Medical Center, facing lawsuit, will allow sterilization of California woman

Image of Mercy Medical Center from Google.

Under the threat of a potential lawsuit, the Catholic-affiliated Mercy Medical Center in Redding, California, on Thursday backed down from its decision to deny a woman's request for a postpartum tubal ligation, a sterilization procedure.

The American Civil Liberties Union released a statement Thursday saying Mercy Medical Center had approved the request for patient Rachel Miller, who wanted the procedure done during her scheduled cesarean section in September.

While Mercy said it would not discuss specific patient details, it did release a statement about its policy.

"What we can share is that in general, it is our practice not to provide sterilization services at Dignity Health's Catholic facilities in accordance with the Ethical and Religious Directives for Catholic Health Care Services and the medical staff bylaws," Mercy officials said in a statement. "As such, tubal ligations are not performed in Catholic hospitals except on a case-by-case basis where a formal review by a committee of physicians and others gives permission to perform the procedure."

The ACLU is representing Miller, who is scheduled to give birth via C-section at Mercy Medical Center on Sept. 29.

Miller's doctor, Samuel Van Kirk, requested a tubal ligation for her immediately after the cesarean, but was denied in an April 10 letter from Sister Brenda O'Keeffe, vice president Mission Integration and Spiritual Care Services.

"In reviewing your request and based on the current information submitted, it was noted that it does not meet the requirement of Mercy's current sterilization policy or the Ethical and Religious Directives for Catholic Health Services," O'Keeffe said.

The ACLU then threatened to file a lawsuit against Mercy unless the hospital authorized the procedure.

The deadline to respond was 5 p.m., August 24.

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"Because of Ms. Miller's impending delivery, we view this deadline as urgent, and we plan to file a lawsuit, seeking appropriate remedies and an award of attorney's fees and costs, if this matter is not resolved soon," ACLU Senior Staff Attorney Elizabeth Gill said in the August 17 letter to O'Keeffe and Dr. James De Soto.

"California law, however, does not permit a hospital supported by public funds to deny Ms. Miller's medically indicated pregnancy-related care, as doing so constitutes sex discrimination," Gill wrote. "Nor does it permit corporate entities to elevate their theological tenets over patient health."

The doctor and patient had made a decision that a tubal ligation immediately following her cesarean section was in Miller's best medical interests, she said. There were clear medical advantages to performing a tubal ligation immediately following a Cesarean or vaginal birth, she said.

Direct sterilization of either a man or woman is not permitted by a Catholic health institution.

Gill said the Ethical and Religious Directives policy calls sterilization for sterilization's sake "intrinsically evil."

However, the directive violates Miller's rights under California law, and constitutes sex discrimination as it's denying her pregnancy- related care, she said.

In the August 25 statement, the ACLU stated, "While we're grateful Mercy Medical has agreed to provide medical care in this instance for Ms. Miller, the reality remains that there is a clear conflict between the best interests of patients and the directives of the Catholic hospital system."

There is no other hospital within a 70-mile radius that has birthing facilities that are not Catholic-affiliated, Gill said. Miller's insurance company had offered to cover her delivery at the UC Davis Medical Center in Sacramento, which is more than 160 miles away.

"I hope my case will shine a light on this issue so that others aren't turned away," said Miller.

Mercy Medical, which runs as a Catholic hospital, is part of the Dignity Health hospital system which was founded by the Sisters of Mercy and operated as a Catholic health system until 2012, when it changed its governance.

The hospital receives both state and federal funding.

A growing number of Catholic hospitals are banning sterilization procedures, according to ProPublica in a piece published earlier this year. The shift has worried many ob-gyns.

Contraceptive sterilization is considered the nation's second most common form of birth control.

Twitter: @SusanMorseHFN