Marlise Munoz is 18 weeks pregnant, and has been on life support since Nov. 26. The baby is still alive with a normal heartbeat, but during Marlise's sudden collapse (potentially a pulmonary embolism) both mother and fetus went without oxygen for a significant proportion of time, ABC News reported.
"They don't know how long the baby was without nutrients and oxygen," Erick Munoz, her husband, told ABC. "But I'm aware what challenges I might face ahead."
Complicating the situation is Erick's desire to take his wife off life support, which would kill the baby. Erick and Marlise's jobs as paramedics and Marlise's experience when her brother died after a period of life support four years ago led both to decide they would prefer not to be resuscitated if it meant life on a machine.
"We've talked about it. We're both paramedics and we've seen things out in the field," Munoz told ABC. "We both knew that we didn't want to be on life support."
But they never actually signed a legal document stating so nor did they discuss how their feelings would change given the pregnancy, according to multiple reports. Even if they did file a DNR (Do Not Resuscitate), Texas law would override the paper because of the child, ABC reported.
"A person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient," according to the state law.
Erick originally fought the ruling, but has decided not to pursue legal action. At 24 to 28 weeks, the baby will be delivered by caesarian section, according to ABC.
"We have families every day that face really difficult decisions when it comes to the care of their loved ones and we would have the same response. We follow the law," said officials at John Peter Smith Hospital in Fort Worth. They did not comment on the case specifically.
"We don't know if these babies have been healthy," said Art L. Caplan, director of the medical ethics division at NYU's Langone Medical Center. "We tend to see that these babies are born, then it's the end of the headline. ... We don't know the impact of life support on fetal development and the wife being robbed of oxygen. ... It could be a huge challenge for the fetus."