The husband of a brain-dead pregnant woman is suing a Texas hospital to have her removed from life support.

Erick Munoz has filed a lawsuit against John Peter Smith Hospital, where doctors are keeping his wife Marlise on life support against the family’s wishes.

Marlise, 33, was found unconscious in their Texas home at the end of November. She has not recovered.


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Munoz says his wife did not want to be on life support and that it is unlikely that their unborn child will survive. Marlise is 21 weeks pregnant, and a fetus is not considered viable until about 24 weeks.

Texas law prevents the hospital from ending life-sustaining treatments on pregnant patients.

Munoz has faced some harsh criticism from the pro-life community, including by Father Frank Pavone of Priests for Life.

"The lawsuit launched by Erick Munoz is nothing less than an attempt to kill his wife and unborn child. It's a sad mockery of the meaning of fatherhood and of love, life and law," the statement read.

Watch the video above for Casey Stegall's full report.


Shepard Smith discussed the complex case this afternoon with Fox News legal analyst Mercedes Colwin.

"This is not life support. This woman is dead," said Smith, adding that the family is caught in the middle of the decades-long battle between pro-life and pro-choice supporters.

Colwin emphasized that the Texas law applies to pregnant "patients."

"'Patient' means alive patient, not a dead patient," she noted.

"It's sad, it's awful, but it's reality," Smith said, arguing that Mr. Munoz is going through a "living hell."

Colwin said there is no indication that Munoz is anything but a loving husband trying to honor his wife's wishes.

She explained that it's probably 50-50 on how a judge will interpret the word "patient."

Watch the discussion below:


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