TX Infant Allowed to Die Under Bush's Bill

Whoa.

Life-Support Stopped for 6-Month-Old in Houston

[On March 15th,] Sun Hudson, the nearly 6-month-old at Texas Children's Hospital in Houston, diagnosed and slowly dying with a rare form of dwarfism (thanatophoric dysplasia), was taken off the ventilator that was keeping him alive.  A Houston court authorized the hospital's action, and Sun died shortly thereafter.  Today's Houston Chronicle and Dallas Morning News have most of the details.

Both papers report that this is the first time in the United States a court has allowed life-sustaining treatment to be withdrawn from a pediatric patient over the objections of the child's parent.  (The Dallas paper quotes John Paris, a bioethicist at Boston College, as its source.)  If true, the unique Texas statute under which this saga was played out contributed in no small way to the outcome.  As one of the laws co-authors (along with a roomful of other drafters, in 1999) let me explain.

Under chapter 166 of the Texas Health and Safety Code, if an attending physician disagrees with a surrogate over a life-and-death treatment decision, there must be an ethics committee consultation (with notice to the surrogate and an opportunity to participate).  In a futility case such as Sun Hudson's, in which the treatment team is seeking to stop treatment deemed to be nonbeneficial, if the ethics committee agrees with the team, the hospital will be authorized to discontinue the disputed treatment (after a 10-day delay, during which the hospital must help try to find a facility that will accept a transfer of the patient).  These provisions, which were added to Texas law in 1999, originally applied only to adult patients; in 2003; they were made applicable to disputes over treatment decisions for or on behalf of minors.  (I hasten to add that one of the co-drafters in both 1999 and 2003 was the National Right to Life Committee.  Witnesses who testified in support of the bill in 1999 included representatives of National Right to Life, Texas Right to Life, and the Hemlock Society.  Our bill passed both houses, unanimously, both years, and the 1999 law was signed by then Governor George W. Bush.)

Comments

[doug]

In the Schiavo case, our coward Bush wants to show his supposed respect for life but it only extends to his idea of whose life is important. Bush had no qualms about letting a black baby die. There were no emergency trips back to DC nor great public proclamations for this baby whose life support was pulled. Why does our coward Bush not care about babies living or is it just black babies he does not care about?

[Christie, Houston]

I have followed both Sun Hudson's case and Terry Shiavo's case.

What stuns me is why anybody with a compassionate bone in their body would want these human beings to suffer as they are (or were in Sun's case).

Court appointed doctors have stated that Terry will not have a better quality of life under any circumstance. Why would you want your child to suffer that?

I have not been through what either of these mothers has experienced. But I am a mother and I can tell you catagorically that I would not want my son to suffer needlessly because of my selfish desires to have his physical presence near me.

As for the law that is being passed to protect ONE mother's wish to have keep her child alive, this is nonsense. Why should one person have the president at her beck and call when thousands are needlessly dying in an unjustified war?

It is beyond me and I pray that Terry rests in peace soon.

[menomonie wi.]

That's right COURT appointed doctor's, who's side are they on? If you have been following this case, you would have come to the conclusion that the "husband" of Terry has no love for her, but her parent's are willing to care for her whatever state she is in. My God he denies Terry any dental care, What the @#%$ is that about, is that a sign of a loving husband? Read the
Affidavit by nurse Cala Saure Iyer, R.N. Then decide. I do agree that "President" Bush is using this to his party's favor. Which is sad, and with no virtue.

Thank You

[max in winnebago, il]

I did a google search for the nurse and for the affidavit. If there was one, it should have shown up somewhere; I could not find one.

[kt in so cal]

This comes down to whether her husbnad is accurately stating her wishes, and whether he still has the right to makes decisions for her. I've not heard any argument regarding him not knowing what her wishes were if she was in such a condition, so I can only assume that he is truthful and has the right to make this decision for her.

I think it's ugly that any politician want to take his rightful place to make his decsion for his wife with no evidence indicating that he is wrong or lying. I find it especially despicable that the GOP, who has been trumpeting the righteousness of marriage for the past four years, seems to think that this marriage is not.

There is no good ending here. It is a tragedy for everyone in that family. Now it is a tragedy for this country - the rights of the individual have been further eroded.

[Sharon in Burnside]

Anyone who has worked with persistantly vegetative people as I have is familiar with both the hopeless conditions of the patients and the suffering of the families who must deal with it. Psychologically healthy people greive, and go on with their lives, unhealthy people can get stuck in stages of greiving and never get through it. I can only assume that Mrs. Shiavo's parents got stuck and have been reinforced in their denial all these years by "compassionate" Christians. I have nothing but contempt for those who have exploited this suffering family, but my greatest contempt is reserved for Cat Killer Frist, who cravenly contradicted the doctors who have been caring for her, based on an hour's videotape. He has a medical liscence and knows exactly what he is doing (unless it came out of a Crackerjacks box, like His Fraudulency's MBA). I can only assume that the ethic that drives him is identical to the troll above...win at any cost and the facts be damned. Looking at the GOP and Xtian vultures who are exploiting this situation, I must ask, "Who would Jesus save?"

[addie corn staten island]

I would like to know why the life of this poor women is so much more important than the lives of all the people killed in a war with no merit? This matter is the business of her husband and her doctors. If Bush is so pro life why is he so pleased with killing our men and women in Iraq not to mention all the Iraqi people that have died. I wish the American people would WAKE UP and see that this man and all his fellow republicans[most of them] are up to no good and want to take over the world and make it unbarable for people like you and me.

[Berndon, Ohio]

Sometimes a dog's tail will trun yellow for no apparent reason.

Brett

[Joyce Dubuque]

Her name was Connie. Friends since grade school. After years of spousal abuse, married a wonderful man, had three lovely children and her life was full of happiness. Until her car was broadsided. Connie was gone, her body lived but our Connie was gone. The wife, daughter, mother and friend ceased to exist. Her body was kept alive by a feeding tube. When she was finally allowed the dignity of death, her mom stated, "Connie died a long time ago, we should be happy she's finally at peace",

[Rick in Maryland]

I am very pleased that this judge had the courage to stand up to these BASTARDS on capitol hill. bush signed into law in texas a bill that allowed hospitals to pull the plug on patients against family wishes so that hospitals can save money and now he is pretending to care about Schiavvo. Lord help us!

[Nancy]

I feel that Terri should be allowed to die with dignity. How selfish are those parents that they keep on insisting that she will ever again be a normal person after 15 years in a vegetative state. Bush, Delay and company are the worst human beings on this earth. God only knows what is going to happen to the US in the next four years with that maniacle president we have. They are going out of their way to save a life that just doesn't exist and letting 15,000 plus G.I's die and not give a shit over a made to order war, I just don't get it. Why don't the americans rebel and take some kind of actions against this administration. Delay should be kicked out of the Congress. Hes a snake and a thief, hes a great one to let others from Texas take the heat for his mistakes, hes so confident he won't be charged but I hope they hang him. With this said, I think the Bush administration is the most corrupt in American History. But we have got to live with it thanks to everyone that voted them in for 4 more years. A proud Democrat!!!!

[Nancy]

I feel that Terri should be allowed to die with dignity. How selfish are those parents that they keep on insisting that she will ever again be a normal person after 15 years in a vegetative state. Bush, Delay and company are the worst human beings on this earth. God only knows what is going to happen to the US in the next four years with that maniacle president we have. They are going out of their way to save a life that just doesn't exist and letting 15,000 plus G.I's die and not give a shit over a made to order war, I just don't get it. Why don't the americans rebel and take some kind of actions against this administration. Delay should be kicked out of the Congress. Hes a snake and a thief, hes a great one to let others from Texas take the heat for his mistakes, hes so confident he won't be charged but I hope they hang him. With this said, I think the Bush administration is the most corrupt in American History. But we have got to live with it thanks to everyone that voted them in for 4 more years. A proud Democrat!!!!

[Ernie Spoon]

To me the most distasteful aspect of this sordid tale is the total lack of interest the mainstream media has displayed for the history of this case. The media ingnores the fact that in 1993, Michael Schiavo and the Schindlers split over Terri's therapy months after Michael is awarded a million dollar malpractice settlement.

Moreover, on this morning's Today Show Bobby Schindler expressed dismay that Michael Schiavo stands to inherit a million dollars upon Terri's death.

The facts are out there. U Of Miami Ethics Dept. Schiavo Timeline

[imprison greer and michael schiavo]

Michael Schiavo is an evil-minded monster. See the affidavit that Judge Greer refused to consider on the "ground" that it was "too late": "WHEN IS THAT B---- GONNA DIE?" http://www.etherzone.com/2005/stan032105.shtml

[barbara]

The u. of miami timeline shows:
"August 1992
Terri Schiavo is awarded $250,000 in an out-of-court medical malpractice settlement with one of her physicians.

November 1992
The jury in the medical malpractice trial against another of Terri’s physicians awards more than one million dollars. In the end, after attorneys’ fees and other expenses, Michael Schiavo received about $300,000 and about $750,000 was put in a trust fund specifically for Terri Schiavo’s medical care.

February 14, 1993
Michael Schiavo and the Schindlers have a falling-out over the course of therapy for Terri Schiavo; Michael Schiavo claims that the Schindlers demand that he share the malpractice money with them."

I have read elsewhere that the proceeds of the first malpractice award were paid out for Terri Schiavo's care, that her care costs approximately $80,000 per year, and that her care is currently paid for by Medicaid. Adding all this and the information in the timeline together suggests that the second, larger malpractice award of $750,000 is held in what is known as a first party special needs trust. Typically, a trust of this kind is permitted to pay for comfort items not provided by Medicaid (e.g. CD player and discs, manicures, cable TV, etc.) while still allowing Terri Schiavo to be eligible for Medicaid. At the end of her lifetime, the balance of the trust would repay Medicaid for the cost of care provided to Terri Schiavo, and if anything remains after repayment, the balance would pass according to instructions in the trust (probably to her spouse, but without seeing the trust it's impossible to tell for certain.) So, $80,000/year x 10 years of care leaves HOW MUCH for Michael Schiavo to inherit out of $750,000?????????

[Sherri--Laurel, MD]

I am a DEMOCRAT and believe completely in a person's right to die with dignity. That being said, I must confess that I am torn between these two sides--or rather--between the two decisions. I'm not so sure that starving to death has any dignity attached to it. It's cruel and painful--anyone being tried in court for this (i.e., an abusive parent to a healthy child) would be sent to prison.
I DO believe in allowing her to die in a more humane way, and I DO have doubts in either side's true compassion for Terri at this point, and I DO believe that the government was wrong to jump to the parents' aid--not SURPRISED, just WRONG.
A painful lesson learned: Unfortunately, Terri did not specifically describe her wishes on paper--I will be doing just that within the next 24 hours!

[Aunt Gusty, Wisconsin]

"In 1990, Terri Schindler-Schiavo collapsed in the home she shared with her husband, Michael Schiavo. The cause of her collapse is unknown to this day." a quote from the Terri Schindler-Schiavo Website.

It is interesting that the Schindler's are in denial about the cause of their daughters brain damage too.

http://news.findlaw.com/hdocs/docs/schiavo/1203galrpt.pdf

[LibEater, Austin TX]

That's right, kiddies. Let's make sure we kill off the defenceless and innocent (elderly, ill and unborn babies), and keep the child raping, murdering psycho's safe and sound. What a bunch of double-standard whiners. Where's your lib-fest ACLU quacks? Why does our coward ACLU not care about sick women living or is it just white sick women they do not care about?