Hochul must help grieving families
Nov 16, 2024
As partners who have lost the most cherished people in our lives — our beloved companions, Bevorlin Garcia Barrios and Christine Fields — our hearts are forever heavy with grief. Our stories are tragically similar. In a matter of months, Brooklyn’s Woodhull Hospital performed cesarean sections on our loved ones, and through systemic racism, medical misconduct and error then led to their deaths.
Last November, Christine bled out shortly after giving birth, Woodhull failed to keep important documentation that during surgery, her uterine artery had been injured, which was the ultimate cause of her death.
Bevorlin was sent home from Woodhull this September after reporting stomach pain and nausea, only to return days later with the same symptoms, at which point doctors performed the C-section. After giving birth, she hemorrhaged and died on the operating table. They are two of the three women we know of who have died in childbirth at this one public hospital.
Given two chances to sign the Grieving Families Act, a reform to New York’s wrongful death law that would help prevent maternal mortality, Gov. Hochul has refused. The bill passed the Legislature for a third time this year; another chance is before her.
Our families faced the unimaginable tragedy of losing our partners during childbirth, a moment that should have been filled with joy instead marked by heartbreak. In our shared sorrow, we find purpose in advocating for the Grieving Families Act, a critical piece of legislation that seeks to provide justice and support for families like ours by allowing claims for grief and anguish under New York law.
New York needs this bill to hold negligent hospitals, like Woodhull, accountable. Without it, hospitals get a free pass when it comes to socioeconomically disadvantaged women, and these tragic errors go unpunished. The pregnancy-related mortality ratio for Black women in the city is an astounding nine times higher than for white women, according to city data.
CDC data shows the maternal mortality rate for Hispanic women in the U.S. has surged 44%. We have to wonder: Why is there no financial deterrent in place?
All of the hopes and dreams that we had envisioned together are now gone. For us, this pain is compounded by the systemic inequities and medical racism that plague families of color in New York in what should be their happiest moments. Our experiences highlight the urgent need for change within a health care system that often overlooks the voices and lives of Black and Hispanic women.
The Grieving Families Act recognizes that the impact of losing a loved one extends far beyond lost wages. Christine and Bevorlin were young, stay-at-home moms when they lost their lives to medical error that should have been prevented.
Under current laws — enacted in 1847 and not changed since — families often are left with limited options to seek justice, and the emotional toll is not considered in the legal process. Every other state in the nation, except for Alabama, recognizes grief and anguish in wrongful death cases. This act seeks to change that narrative by allowing families to seek accountability for the tragic circumstances that led to their loss.
The Grieving Families Act would allow a fairer administration of justice. By bringing attention to the importance of emotional suffering in wrongful death cases, we can start a vital conversation about the systemic changes urgently needed to protect mothers and families.
We urge the governor to recognize the urgency of this issue. Supporting the Grieving Families Act is a step toward a more compassionate legal framework — one that acknowledges our humanity and the deep connections we share with those we love. It is an opportunity to honor the memories of our partners and to seek a future where no family has to experience the heartbreak we have endured.
We sincerely believe that if this act had become law by now, Sha-Asia Semple’s preventable and untimely death at Woodhull in 2020 wouldn’t have happened, and more recently, Christine’s and Bevorlin’s lives would have been saved. Then, with a financial deterrent in place, the hospital likely would have taken more caution.
It’s too late for our Sha-Asia, Christine and Bevorlin; but, governor, you can save lives today by signing the Grieving Families Act before there is another maternal death in our communities.
Ramirez is the partner of the late Bevorlin Garcia Barrios, who died in childbirth on Sept. 15, 2024. Perez is the partner of the late Christine Fields, who died in childbirth on Nov. 13, 2023.