File photo.


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PREVIOUSLY:

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A judge overseeing one of the lawsuits levied against Providence St. Joseph ordered the therapy records of a plaintiff to be handed over to the hospital’s attorneys today.

The Catholic hospital system is accused of denying emergency abortions and medical care due to religious policy.

Two women and the state of California have brought lawsuits against Providence St. Joseph for alleged denial of emergency care. The lawsuits point to rules prohibiting doctors from terminating pregnancies if a fetal heartbeat is present.

The women have similar stories.

In this case, attorneys from a law firm representing an anonymous “Jane Roe” pro bono accused the hospital of violating civil rights and emergency treatment laws.

Roe was diagnosed with pre-viable preterm premature rupture of membrane (PPROM)  — water breaking prematurely, a fatal condition for each of her fetuses — and the lawsuit alleges the hospital denied her medical care on three occasions.

According to the lawsuit, the first instance required her to drive five and a half hours while in labor to receive care in San Francisco. The second ended with her delivering a fetus in her obstetrician’s primary care office where she “nearly hemorrhaged to death.” In the third, she delivered in a hospital toilet after “19 hours of agony” — in each case after alleged failed attempts to get emergency treatment at Providence St. Joseph.

The lawsuit accuses the hospital of causing her significant emotional distress, stating Roe suffered from Post-Traumatic Stress Disorder, anxiety, depression and fear of hospitals due to the incidents in 2021 and 2022.

The key discussion in court today was whether attorneys for the hospital could see medical records from sessions with her therapist.

The hospital’s attorneys delivered a subpoena for the records earlier this year. They sought her complete file from August 1, 2021 to present. But according to court documents, her therapist would not release the records without a court order or signed authorization from Roe.

Speaking over Zoom in court today, attorney for Providence Zoe Ginsberg argued that since the issue of emotional distress was brought up, the “hospital must be allowed to test these claims” by using records from her therapist.

The lawsuit seeks damages and relief on six grounds, including negligent and intentional infliction of emotional distress.

Roe’s attorney, Alexander Yusuf, said the prosecution would be happy to provide the records, but sought to first review them for relevance. He proposed two solutions: for Roe to review the documents and provide a log of any records that were withheld to opposing counsel, or for the judge to make the review.

In her lawyers’ objections, Roe’s documents are described as highly personal, and they argue only materials directly relevant to her claims should be shared.

Meanwhile, Ginsberg said seeing complete records would allow ruling out unrelated issues that caused emotional distress, and accused the opposing counsel of not following proper procedure.

Humboldt County Superior Court Judge Timothy Canning said he appreciated the proposed system, but said the procedure for opposing the subpoena wasn’t followed (Roe’s attorneys didn’t file a motion to quash the subpoena) and he ultimately granted the motion to compel the records.

After some further arguments over case law interpretation and process, Yusuf sought the order to be stayed for 14 days to allow for an appeal. Canning granted the request for 24 calendar days.

As settlement negotiations with the state for the related case are ongoing, attorneys indicated the outcome could shape where Roe’s case ends. Attorneys for the hospital are looking first to see the outcome in the lawsuit filed by the state of California before Roe’s case.

Yusuf said they want a trial on Roe’s case and said attorneys for the hospital hadn’t returned mediation efforts.

Providence’s attorney Harvey Rochman said, over Zoom, they aren’t necessarily opposed to a settlement, but as the state enforces the law, it’s necessary to work with the Attorney General’s office first.

The Roe trial remains set for Nov. 9.

According to a spokesperson for the Attorney General’s office, settlement discussions for their case remain ongoing, following a status conference this morning. The next conference is set for Sept. 14, 2026 and, in case a deal isn’t reached, a trial on March 1, 2027.