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Nita Farahani explains that the 1973 Roe v. Wade Supreme Court decision established fetal viability as the point where state interest overrides a woman's right to choose. Justices selected 24 weeks because air sacs form in the lungs.
Kelly Benham notes that hospitals historically drew the practical line of viability at 28 weeks. The development of artificial lung surfactant, intravenous nutrition, and smaller ventilators in the late 1970s pushed that threshold down to 23 or 24 weeks.
Nita Farahani argues that developing artificial wombs could theoretically move the legal line of viability back to the moment of fertilization. This technological shift would create a highly unstable legal standard under current framework definitions of survival outside the womb.
Medical protocols dictate clear paths before 22 weeks, when births are treated as miscarriages, and after 25 weeks, when doctors must intervene. Between these weeks lies a gray zone where parents and doctors must decide whether to attempt intensive care.
Kelly Benham was told that a baby born at 23 weeks faced a 53 percent chance of death despite intervention. Surviving babies faced an 80 percent risk of severe complications, including brain bleeds, blindness, deafness, or permanent ventilator dependency.
Neonatal nurse practitioner Diane Loiselle advised Kelly Benham and Tom French that intervention is not a permanent decision. She suggested starting treatment at birth and later withdrawing life support if severe complications, like intraventricular hemorrhages, occurred.
Neonatologist Keith Barrington observes that parents often interpret basic neonatal reflexes, such as grasping fingers or sucking pacifiers, as a conscious will to live. Medical professionals view these movements as involuntary brainstem responses rather than conscious fight or spunk.
Keith Barrington decided against withdrawing life support from his own daughter, born at 24 weeks and five days weighing 720 grams, after seeing her suck a pacifier. He admits his choice was driven by fatherly instinct rather than scientific evidence.
Nita Farahani states that in neonatal care disputes, courts consistently rule in favor of the party advocating to keep the child alive.
Dr. Fausia Shaquille decided to proceed with high-risk abdominal surgery on a one-pound baby with unstable blood pressure because the infant opened her eyes. The pediatric surgeon initially refused the operation, arguing it was futile and potentially harmful.
After a 196-day hospital stay, protecting Juniper from respiratory syncytial virus required four specialized injections costing 14,000 dollars.
At 15 years old, Juniper struggles with anxiety, PTSD, a kidney condition, and social isolation stemming from her physical size. She manages her emotional regulation through equestrian therapy, noting that horses mirror her frustration if she fails to remain calm.