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A pregnant woman in Kentucky who filed a lawsuit demanding the right to an abortion has learned her embryo no longer has cardiac activity, her attorneys said Tuesday.

The plaintiff’s attorneys signaled their intent to continue the challenge to Kentucky’s near-total abortion ban, but did not immediately comment on what effect the development would have on the lawsuit.

The complaint was filed last week in a state court in Louisville. The plaintiff, identified only as Jane Doe, was seeking class-action status to include other Kentuckians who are or will become pregnant and want to have an abortion. The suit filed last week said she was about eight weeks pregnant.

The flurry of individual women petitioning a court for permission for an abortion is the latest development since Roe v. Wade was overturned last year. The Kentucky case is similar to a legal battle taking place in Texas, where Kate Cox, a pregnant woman with a fatal condition, launched an unprecedented challenge against one of the most restrictive abortion bans in the U.S.