Health
Texas Judge Fines New York Doctor and Orders Her to Stop Sending Abortion Pills to Texas
In a case that could have major implications for abortion access in the United States, a Texas judge on Thursday ordered a New York doctor to stop prescribing and sending abortion pills to patients in Texas and to pay a penalty of more than $100,000 for providing the medication to one woman.
The case is widely expected to reach the Supreme Court and become a pivotal test in the escalating battle between states that ban abortion and states that support abortion rights. It essentially pits Texas, which has a near-total abortion ban, against New York, which has a “telemedicine abortion shield law” intended to protect abortion providers who send medications to patients in other states.
These shield laws have become a key abortion rights strategy since the Supreme Court overturned the national right to abortion in 2022. The laws, enacted in eight states so far, stipulate that officials and agencies will not cooperate with civil suits, prosecutions or other legal actions filed against health care providers who prescribe and send abortion medication to patients in other states.
Such laws represent a stark departure from typical interstate practices of extraditing, honoring subpoenas and sharing information. Under telemedicine abortion shield laws, which have been in use since summer 2023, health care providers in states where abortion is legal have been sending more than 10,000 abortion pills per month to patients in states with abortion bans or restrictions.
The Texas lawsuit was filed in December by the Texas attorney general, Ken Paxton, against Dr. Margaret Daley Carpenter of New Paltz, N.Y., who works with telemedicine abortion organizations to provide pills to patients across the country. The suit alleges that Dr. Carpenter, who is not licensed in Texas, supplied abortion pills to a woman in Texas.
The order signed on Thursday by Judge Bryan Gantt of Collin County District Court said that Dr. Carpenter “is permanently enjoined from prescribing abortion-inducing drugs to Texas residents.” Violating an injunction can result in a contempt order from a judge, which could carry additional financial penalties or a jail sentence. The judge also ordered a $100,000 fine and about $13,000 in attorneys’ fees and court costs plus interest.
With New York’s shield law prohibiting cooperation with out-of-state legal actions, Dr. Carpenter and her lawyers did not respond to the Texas suit or appear in court on Wednesday for a hearing before the judge.
The 40-minute session in the court north of Dallas was notably quiet and sedate for an issue of such controversy and national significance.
Two lawyers for the attorney general’s office asked the judge to issue a default judgment in their favor, essentially a ruling against a defendant who has not shown up or provided any response.
The attorney general’s lawyers argued in court filings that because Dr. Carpenter did not respond within a certain period of time, Texas law deems that “defendant by her non-answer has admitted all of the plaintiffs’ allegations of fact establishing liability.”
The defense table was empty. About 30 minutes into the hearing, Judge Gantt said, “I noticed she is not here.” He asked the attorney general’s lawyers if they had heard from Dr. Carpenter that morning.
When they said no, the judge asked the bailiff to “call the hall” and announce Dr. Carpenter’s name in the corridor outside the courtroom. Less than a minute later, the bailiff returned and said, “Your honor, I called Margaret Daley Carpenter three times with no response.”
Texas was the first state with an abortion ban to initiate legal action against abortion providers in states with shield laws. But other states with abortion bans are expected to follow suit.
In January, the first criminal charges against a shield-law abortion provider were filed. In that case, a state grand jury in Louisiana issued a criminal indictment, also against Dr. Carpenter, accusing her of violating Louisiana’s near-total abortion ban by sending pills to that state.
On Thursday, Louisiana’s governor, Jeff Landry, said he had signed a warrant seeking to extradite Dr. Carpenter to his state to stand trial. New York’s governor, Kathy Hochul, responded by citing the state’s shield law and saying, “I will not be signing an extradition order that came from the governor of Louisiana, not now, not ever.”
The Texas and Louisiana cases are each expected to lead to court battles with the state of New York.
New York’s refusal could lead Louisiana to ask the federal courts to order extradition, experts said. The potential outcome is unclear, but Mary Ziegler, a law professor and abortion expert at the University of California, Davis, said there was legal precedent for extradition not being required for defendants who were not in the state where the alleged crime was committed and did not flee from that state.
In the civil case, Texas is considered likely to file a petition in a state court in New York to try to collect the financial penalty. If New York were to cite its shield law to argue against the Texas penalty, as expected, the case could transform into a battle in federal court or the Supreme Court over whether the shield law is constitutional in allowing one state to refuse to cooperate with another state’s legal actions.
Dr. Carpenter has not been reachable for comment about either the Texas or Louisiana case. The Abortion Coalition for Telemedicine, an organization she co-founded, has issued statements in response to the cases. “Shield laws are essential in safeguarding and enabling abortion care regardless of a patient’s ZIP code or ability to pay,” the coalition has said. “They are fundamental to ensuring everyone can access reproductive health care as a human right.”
The Texas lawsuit accuses Dr. Carpenter of providing a 20-year-old woman with the two medications used in a standard abortion regimen, mifepristone and misoprostol. Typically used up through 12 weeks into pregnancy, mifepristone blocks a hormone needed for pregnancies to develop, and misoprostol, taken 24 to 48 hours later, causes contractions similar to a miscarriage.
According to a complaint filed by the Texas attorney general’s office, the woman, who had been nine weeks pregnant, asked the “biological father of her unborn child” to take her to the emergency room in July “because of hemorrhage or severe bleeding.” In court on Wednesday, Ernest C. Garcia, chief of the administrative law division in the attorney general’s office, said that at the hospital, the woman’s partner “ended up finding out that she had been pregnant” and that “he then started to suspect that maybe she had not been truthful about it.”
When the man returned to the house, he found the medications and realized that they had been taken to induce an abortion, Mr. Garcia said, adding “that individual then filed a complaint with the Texas Attorney General’s Office.”
The Texas case is an example of an increasing pattern in states with abortion bans: men reporting to the authorities that their female partners had abortions. There have been other such cases in Texas, and John Seago, the president of Texas Right to Life, said in an interview that, in the coming weeks, several men plan to file suits for wrongful death against doctors, organizations or people who assisted in arranging abortions for the men’s female partners.
Emily Cochrane contributed reporting.
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Health
The deadly cancer hiding in plain sight — and why most patients never get screened
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A new study from Northwestern Medicine suggests that current lung cancer screening guidelines may be missing most Americans who develop the disease — and researchers say it’s time for a major change.
Published in JAMA Network Open, the study analyzed nearly 1,000 lung cancer patients who were treated at Northwestern Medicine between 2018 and 2023.
The goal was to see how many of those patients would have qualified for screening under existing guidance from the U.S. Preventive Services Task Force (USPSTF).
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USPSTF currently recommends annual CT scans for adults ages 50 to 80 who have a 20 pack-year smoking history (the equivalent of one pack of cigarettes per day for 20 years) and either still smoke or quit within the last 15 years.
Only about 35% of those diagnosed with lung cancer met the current criteria to undergo screenings.
Current lung cancer screening guidelines may be missing most people who develop the disease, a new study shows. (iStock)
That means roughly two-thirds of patients would not have been flagged for testing before their diagnosis.
“Not only does that approach miss many patients who had quit smoking in the past or did not quite meet the high-risk criteria, it also misses other patients at risk of lung cancer, such as non-smokers,” Luis Herrera, M.D., a thoracic surgeon at Orlando Health, told Fox News Digital.
The study noted that these patients tended to have adenocarcinoma, the most common type of lung cancer among never-smokers.
Missed patients tended to have adenocarcinoma, the most common type of lung cancer among never-smokers. (iStock)
Those missed by the guidelines were more often women, people of Asian descent and individuals who had never smoked, the study found.
The research team also compared survival outcomes. Patients who didn’t meet the screening criteria had better survival, living a median of 9.5 years compared with 4.4 years for those who did qualify.
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While this difference partly reflects tumor biology and earlier detection, it also highlights how current screening rules fail to catch a broad range of cases that could be treated sooner, according to researchers.
“The current participation in lung cancer screening for patients who do qualify based on smoking history is quite low,” said Herrera, who was not involved in the study. This is likely due to the complexity of the risk-based criteria and stigma associated with smoking and lung cancer, he added.
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To test an alternative, the researchers modeled a different approach: screening everyone between the ages of 40 and 85, regardless of smoking history.
Under that universal, age-based model, about 94% of the cancers in their cohort would have been detected.
Universal screening procedures could save lives and hundreds of thousands of dollars, according to the researchers. (iStock)
Such a change could prevent roughly 26,000 U.S. deaths each year, at a cost of about $101,000 per life saved, according to their estimates.
The study emphasized that this would be far more cost-effective than current screening programs for breast or colorectal cancer, which cost between $890,000 and $920,000 per life saved.
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Herrera noted the many challenges in the adoption of lung cancer screening, from lack of awareness to some providers not recommending the screening test.
However, he added, “The cost of screening is covered by most health insurance plans and many institutions also offer discounts for patients who don’t have insurance.”
“The current participation in lung cancer screening for patients who do qualify based on smoking history is quite low.”
Lung cancer remains the deadliest cancer in the country, killing more people each year than colon, prostate and breast cancer combined. But because of the narrow eligibility criteria based on smoking history, millions at risk never get screened.
Northwestern Medicine researchers argue that expanding screening to include all adults within an age range could help close those gaps, especially for groups often underdiagnosed.
Researchers argue that expanding screening to include all adults could help catch the missing cases. (iStock)
The study was conducted at a single academic center, which means the patient population may not represent the wider U.S. population. It also looked back at existing data, so it can’t prove how the new model would perform in real-world screening programs, the researchers acknowledged.
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The cost and mortality projections rely on assumptions that could shift depending on how screening is implemented.
The researchers also didn’t fully account for the potential downsides of broader screening, such as false positives or unnecessary follow-ups, they noted.
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For patients who don’t qualify for lung cancer screening, there are other opportunities for lung evaluations, including “heart calcium scores, CT scans and other imaging modalities that can at least evaluate the lungs for any suspicious nodules,” Herrera added.
Health
Aggressive cancer warning signs revealed after JFK’s granddaughter’s diagnosis
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Days after Tatiana Schlossberg announced that she has terminal cancer, the spotlight is on the warning signs of acute myeloid leukemia (AML).
John F. Kennedy’s granddaughter, 35, shared the details of her diagnosis in an essay published in The New Yorker on Nov. 22.
Schlossberg, who is the daughter of Kennedy’s daughter, Caroline Kennedy, and Edwin Schlossberg, learned of her disease in May 2024.
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She wrote that one doctor predicted she would live for about a year.
The first indicator of Schlossberg’s disease was an abnormally high white blood cell count, which doctors detected just hours after she gave birth to her second child.
John F. Kennedy’s granddaughter, 35, shared the details of her diagnosis in an essay published in The New Yorker on Nov. 22. She’s pictured here in 2023. (AP Newsroom)
What is acute myeloid leukemia?
AML is a type of leukemia that begins in the bone marrow, the soft, inner tissue of certain bones where new blood cells are produced, according to the American Cancer Society.
This type of cancer typically spreads rapidly from the bone marrow into the bloodstream and can also reach other parts of the body, such as the lymph nodes, liver, spleen, brain and spinal cord, and testicles, per ACS.
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In some cases, clusters of leukemia cells may form a solid mass known as a myeloid sarcoma.
Schlossberg’s AML stems from a rare gene mutation known as inversion 3, which is an abnormality of chromosome 3 in the leukemia cells.
Schlossberg, the daughter of Caroline Kennedy (left) and Edwin Schlossberg, learned of her disease in May 2024. (Getty Images)
“Inversion 3 correlates with a very high rate of resistance to standard chemotherapy treatments and, therefore, very poor clinical outcomes,” Dr. Stephen Chung, a leukemia expert and oncologist at UT Southwestern Medical Center in Dallas, Texas, told Fox News Digital. (Chung was not involved in Schlossberg’s care.)
Red flags and risk factors
The most common symptoms of Schlossberg’s type of cancer include sudden onset of severe fatigue, shortness of breath with exertion, unusual bleeding or bruising, fever and infections, according to Dr. Pamela Becker, professor in the Division of Leukemia at City of Hope, a U.S. cancer research and treatment organization in California, who also did not treat Schlossberg.
AML can sometimes resemble a severe flu with a generally unwell feeling.
Chung noted that AML usually causes abnormally low blood cell counts, or in some cases an abnormally high white blood cell count.
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“This may be picked up in routine testing for other purposes, or because the patient develops symptoms from these low blood counts,” he said.
AML can sometimes resemble a severe flu with a generally unwell feeling, noted Robert Sikorski, M.D., Ph.D., a hematology/oncology expert and chief medical officer of Cero Therapeutics in California.
“Some patients also experience bone pain or night sweats,” he told Fox News Digital.
Standing outside the John F. Kennedy Library in Boston, from left, Edwin Schlossberg, Rose Schlossberg, Victoria Reggie Kennedy, Ted Kennedy, Tatiana Schlossberg and Caroline Kennedy Schlossberg. Tatiana Schlossberg said a doctor gave her an estimated one year to live. (Getty Images)
Known risk factors for AML include prior chemotherapy or radiation, smoking, long-term benzene exposure and certain inherited syndromes, although most cases occur without any identifiable cause, according to Sikorski, who has not treated Schlossberg.
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In some rare cases, people can inherit mutations that cause AML to run in families, with recent research suggesting that these cases may be more common than previously thought, Chung noted.
“We used to only check for this in younger AML patients, but we now believe all patients should be screened for these mutations,” he said.
Treatment for AML
The standard treatment for AML is intensive chemotherapy with a combination of two drugs, with additional agents added based on each patient’s specific characteristics, according to Becker.
“We now believe all patients should be screened for these mutations.”
For patients with higher-risk types of AML, the chemotherapy is usually followed by a stem cell (bone marrow) transplant to prevent relapse. The transplants come from matched donors, often family members.
“This is a much more involved process that usually involves another month in the hospital, followed by close follow-up for many months, as well as a much higher risk for treatment-related side effects,” Chung said.
There is not a specific treatment that is effective for Schlossberg’s specific chromosome abnormality, the doctors noted, although some new cellular therapies and immunotherapies are being investigated.
Caroline Kennedy’s children, Jack and Tatiana Schlossberg, and her husband Edwin Schlossberg are pictured on Capitol Hill in 2013. The first indicator of Schlossberg’s disease was an abnormally high white blood cell count, which doctors detected just hours after she gave birth to her second child in 2024. (Getty Images)
For older patients who are not strong enough to receive intensive chemotherapy, the standard treatment is venetoclax/azacytidine (a combination therapy used to treat certain types of AML), Chung said.
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“This can often be given mostly outside the hospital on a monthly basis,” he said. “While it technically is not considered to be curative, it can work very well — in some cases, patients remain in remission for many months, if not years.”
Hope ahead
There is hope on the horizon, as AML treatment has advanced more in the past decade than in the previous 30 years, according to Sikorski.
Caroline Kennedy is pictured with her children Rose Schlossberg (left), Tatiana Schlossberg (center) and Jack Schlossberg at the 2008 Democratic Convention in Denver, Colorado. There is hope on the horizon for AML treatment, doctors say. (Getty Images)
“New targeted drugs have been approved in several AML subtypes, and early work in immune-based therapies, including CAR-T and other engineered cell therapies, is beginning to reach clinical trials for AML,” Sikorski, told Fox News Digital.
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“Supportive care has also improved significantly, which helps patients tolerate treatment more effectively.”
While there is not yet a drug tailored specifically to inversion 3, he reiterated, “many studies focused on high-risk AML are actively enrolling these patients, and the overall treatment landscape continues to expand.”
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