Woman Found Guilty Of Manslaughter After Suffering Miscarriage; Advocates Question Ruling

A 21-year-old woman in Oklahoma has been jailed for a miscarriage she suffered last year.

Brittney Poolaw was found guilty of first-degree manslaughter and sentenced to four years in prison on Oct. 5 after an autopsy revealed her unborn child died at 17 weeks gestation, KSWO reported. The miscarriage was blamed by prosecutors on the woman's drug use.

However, advocates such as the National Advocates for Pregnant Women (NAPW) insisted that Poolaw's conviction was not in line with the law.

In a statement Wednesday, the NAPW said, "Oklahoma's murder and manslaughter laws do not apply to miscarriages, which are pregnancy losses that occur before 20 weeks, a point in pregnancy before a fetus is viable (able to survive outside of the womb)."

Under the law, a mother cannot be prosecuted for causing the death of their unborn child "unless the mother committed a crime" that caused its death.

Poolaw was accused of causing her child to be stillborn on Jan. 4, 2020, due to her intravenous methamphetamine use, the Lawton Constitution reported in October last year.

The then-19-year-old woman was taken to Comanche County Memorial Hospital in Lawton, Oklahoma, after she gave birth at home, the report said, citing an affidavit.

Poolaw admitted to medical staff she had consumed meth and marijuana. She tested positive for both.

The medical examiner ruled her unborn child's cause of death as intrauterine fetal demise due to maternal meth use. The brain and liver of the fetus also tested positive for meth and amphetamine, the toxicology report showed.

During Poolaw's trial, however, an OB-GYN testifying for the state said in court that controlled substances may not have directly caused the death of the fetus. Despite this, the prosecutor moved forward with the charge.

A $20,000 bond was set for Poolaw, who has been in jail since she was first arrested 18 months ago.

The NAPW called Poolaw's case a "tragedy" and insisted that she was "charged and convicted of a crime without basis in law or science."

"This use of prosecutorial discretion directly conflicts with the recommendations of every major medical organization, including the American Academy of Pediatrics," the group said, "all of which know that such prosecutions actually increase risks of harm to maternal and child health."

In its statement, the non-profit organization pledged its support for Poolaw as the woman explores her legal options. The NAPW also said it is working to ensure that what it described as an "injustice" does not happen again.