Ruling Keeps Infant On Life Support

Texas Judge Rules Against Hospital, Grants Family's Request To Keep Critically Ill Baby Alive

(AP)  A Texas judge granted a family's request to keep their critically ill baby alive, ruling Tuesday that the boy should not yet be removed from life support as the hospital planned.

Children's Hospital of Austin has been caring for 17-month-old Emilio Gonzales since December, but it says its medical efforts are futile and the child is suffering. It invoked an unusual state law, signed by George W. Bush when he was governor, that lets hospitals make that life-and-death call with 10 days notice to the family.

Emilio's mother, Catarina Gonzales, 23, challenged the decision, and the judge agreed to block the hospital's move for at least nine more days.

"He may not live that long, but that's nobody's choice. That's my choice. And that's God's choice. Nobody can say, 'No we're going to take him off, that's it,'" Gonzales said. She says her only son is not unresponsive, and that he smiles and turns his head toward voices.

Doctors and a hospital ethics panel determined the treatment is causing the boy to suffer without providing any medical benefit, said Michael Regier, general counsel for the Seton Family of Hospitals, which includes the children's hospital.

Emilio is believed to have Leigh's Disease, a progressive illness that's difficult to diagnose. He cannot breathe on his own, must have nutrition and water pumped into him, and cannot swallow or make purposeful movements, Regier said. He said Emilio's higher-order brain functions are destroyed.

Probate Judge Guy Herman set another hearing for April 19 to consider Emilio's case.

The boy has health coverage through Medicaid, and the hospital contends money is not part of its decision.

The boy's family and the hospital have had difficulty finding another medical facility that will care for the boy, though Gonzales said Tuesday they had several promising leads.

"I'm really thankful that we got one week more," she said. "I believe that there's a hospital that is going to accept my son, and I know there is."

Texas is one of the few states with a timetable allowing hospitals to decide when to end life-sustaining treatment, according to studies cited by activist groups. Other states allow hospitals to cut off treatment but do not specify a time frame.

The Texas Legislature is considering changing the futile care law to remove the 10-day time limit.

"We're going through an appropriate debate on it, and until we get finalized I'm always going to come down on the side of life and the appropriate dignity for individuals as we go through end-of-life decisions," Gov. Rick Perry said.

[asianrose-2009]

Everyone's gonna die eventually- what's the point of keeping a hopeless and helpless infant on life support when so many people are against it, and it's gonna die soon anyway?

[gordon.couger]

Our unwilling to define the end of life and which babies and others should have heroic measures taken to try an save their lives not only cost society a fortune but often bankrupt the family as well as putting them through the trauma of loosing a baby or loved one.

Having seen people left to die by starvation, dehydration, pneumonia as the only resort the families have to end the life of a comatose loved one or in some cases at the the persons own wishes that were lucid and well aware of use all when the ordeal started. When I can shoot my dog in the head an end his misery in second not drag it out over a week or ten days at $1,000 bucks a day or more. I see something intently wrong with the system we have.

We need to work out a way to decide this problem and soon.

Gordon

[buddesatva]

If the mother wants the child to "die naturally" as she has said, then it should be taken off life support. This is more about the mother's emotional upset than any moral or scientific issue. Forcing medical personnel to administer to a person who is dead for all intents and purposes is illogical and immoral.

[ajaxrose1]

I know it must be hard to have to let someone go that you love, but I do believe a person, no matter their age, has the right to go on to God when it's time. It's got to be hard to face and very few parents could just do so without exhausting every possibility. It's easy to judge and be outraged (about either side) when you're not in this position. This little guy and his family need prayers, not criticism. I pray I never have to know this kind of pain.

[victoriar3]

As a mother who was forced by the courts to keep her child on life support following unsuccessful surgery for brain cancer I am deeply saddened. the judge ruled to prevent this child from being removed from life support. My daughter died 30 years ago when medical professionals were not so enlightened about death with dignity. Now that they are the courts are running in the opposite direction. I think the doctors know more than the judge. Heaven help us all if judges start making our medical decisions.

[rf35]

Keeping this baby alive mechanically is child abuse, simple as that. These parents need to allow the suffering to end.

And if they believe it%u2019s their god%u2019s will for the baby to live then they don%u2019t need the machines to make that happen.

[pghlady3]

the mother says 'it's up to god to decide', if your on machines it's not up to god. if god wanted to take that little boy to be with him in heaven, the mother is prolonging his pain, because the machines he is on are painful. take him off the machines, if god wants him to live, he will live.

[connapa]

It does not matter if the parents are illegal aliens in this country. If the child was born here, then that child IS a legal citizen in this country and entitled to all the rights of any US citizen of his/her age- including Medicaid. That solves that one issue. Unfortunately, end of life scientific/ethical issues will be debated for centuries to come without any definite resolution.

[last121868]

If this child is taken off of the ventilator, the great State of Texas doesn't even allow for the child to be given any type of sedative to alleviate suffering. They do however, allow for death row inmates to be given drugs to alleviate their suffering. How kind...

[jennmarie620]

deathtoallah: "why is there no insurance from a job"

... hmm ... I am a single mother, I work 40+ hours a week to support my daughter and myself, and I make too much money to be on Medicaid - however, I do NOT have insurance through my job. Your comment is so ignorant it honestly doesn't deserve a response from anyone, but you've incited a lot of anger and indignation in me. No one said this woman was an illegal immigrant. What if she's a LEGAL immigrant, but doesn't have insurance through her job? What if her insurance dropped her after the child was born and was found to have severe medical problems that would drain the company of thousands of dollars? What if she was an American born citizen to legal immigrants twenty-some years ago? Grow up. The world does not need a scapegoat. The issue here is a mother who is going to lost her son, but the hospital is trying to take away her right to take her own child off the ventilator. That's not the hospital's decision to make if there's a legal guardian present.