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.

[terrapin78]

Let the poor infant go to be with your GOD. Keeping him alive is selfish on the parents part. My tax dollars are being wasted in Iraq and now Texas.

[susanhelit]

Always thought it was so ironic that Bush signed this law, terminating life support in spite of what the closest loved ones wanted, then fought to keep it on for someone whose loved ones said she wouldn't want it.

It's also the right thing to do - this is a decision that is too hard to push on the parents - they shouldn't have to deal with that guilt, deal with making a choice when they don't have the medical training to know what the real chances are.

This is a clear case where there is no reason to force this baby to remain in torment when there is no one there, and no chance for any good outcome, other than a quick painless death.

[linfinster]

My opinion, not forcing you to agree:

God doesn't cause people to suffer and die. We got that ability when humans sinned .. And it isn't his CHOICE to take someone, death is the result of SIN!! DON'T blame GOD! ...

BUT, with that theory in mind .. and I quote the mother, "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,'"
If it were not for medical advances, that child would not be here today. And easy to say it's nobody's choice ... who's paying the medical bills? She wont pay a dime.
If it were my child, I would be heartbroken. But those are the realities. I know!

[afmca]

This is a great example of why America's health care crisis is pricing affordable health care from the middle class. This child's medical bills are being paid by Medicaid. This means tax payer money is being spent to maintain an essentially dead human being. If there was a chance for any type of recovery it would be money well spent .. but this is just waste .. plain and simple. As a parent it is hard to say goodbye to a child, but this baby is no longer a living being .. it's a mechanical contraption. For those that want to keep it on machines, then find an appropriate medical center who wants to care for it and personally foot the medical bills. No more public money should be spent on this tragedy!

[barbaraf4]

"Let the poor infant go to be with your GOD. Keeping him alive is selfish on the parents part. My tax dollars are being wasted in Iraq and now Texas."
Posted by Terrapin78 at 06:33 PM : Apr 10, 2007

Well said.

[roslynp]

please let this baby go in peace and stop the suffering. I know that the family loves the child very much and this is a hard decision to make but everything that is wrong with this child and the hope of recovery has long departed and only the pain and hurt is left, pull the plug and let the baby go be with God and no more suffering.

[walksfast]

I would want my child to go and be with God. I agree this is not fair to the child. He is only suffering more.I also believe the parents should read all they can on this disease and then maybe they would have a different view.
Money shouldn't be an issue here, but I know it is to some and I agree with them it is a waste of money. Their are other who might need this money for a purpose more promising.I feel for these parents, but it shouldn't be their right to keep this infant alive.

Until you have had a child die you really can't say anything, I lost my 15 year old daughter to leukemia three years ago, the expenses were in excess of $3 million most of which was paid by BC/BS and the rest by the Cancer Society, I feel for the woman. Money is not always the issue either, the amount is very small in comparison to others in need. Most doctors and hospitals will write off the expense in the end because of the death

[nothappyatall]

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

Yeah and when the rest of us cant get medicaid like htis it's really amazing they squander hundreds of thousands of dollars on a baby that is not going to survive. Unplug the thing and be done with it, this is another example of the neocons and their interference with personal medical care.

[peach652]

It's time to put the baby's best interest first, and let him finally be at rest. I pray that the parents can do this, and find peace and comfort knowing they did the right thing by not prolonging the baby's misery any longer.

It must be so difficult to say goodbye to a child. But, I think stopping the child's suffering is the most loving thing the parents can do for him now.

so you all are saying that when your child is ill and is not expected to make it, that you should bring in a gun and put him/her out its misery like a horse?

[pakaal]

when your child is ill and is not expected to make it, that you should bring in a gun and put him/her out its misery like a horse?
Posted by ncolsens at 09:45 PM : Apr 10, 2007

Or choose the alternative, let the baby suffer in pain for ten days before it dies anyway....

Neither sounds very attractive, I sure don't envy anyone in the position who has to make the call.

[pakaal]

when your child is ill and is not expected to make it, that you should bring in a gun and put him/her out its misery like a horse?
Posted by ncolsens at 09:45 PM : Apr 10, 2007

Or choose the alternative, let the baby suffer in pain for ten days before it dies anyway....

Neither sounds very attractive, I sure don't envy anyone in the position who has to make the call.

[pakaal]

when your child is ill and is not expected to make it, that you should bring in a gun and put him/her out its misery like a horse?
Posted by ncolsens at 09:45 PM : Apr 10, 2007

Or choose the alternative, let the baby suffer in pain for ten days before it dies anyway....

Neither sounds very attractive, I sure don't envy anyone in the position who has to make the call.

[kansas1946]

I became aware of this Texas law during the Terry Schivo fiasco. The hospital can force you to remove life support from a loved one, giving you ten days notice to find another critical care facility that will accept the patient. A number of people in Texas were removed from life support because no facility would accept them.
Now what I find interesting about this is the same George Bush that signed this law into being as governor of Texas, is the same George Bush that jumped in on the Schivo case and didn't even think that her husband should have the right to susupend life support, let alone the hospital.
These are terrible, heart wrenching decisions, and even though in this case I would disagree with the parents of this child, I certainly understand their position. The government should stay out of these decisions as much as possible, but you can't force hospitals into bankruptcy, and you can't allow hopeful cases not to be funded. Horrible situations and horrible choices. Equal amounts of compassion should be shown for the patients and the ones that love them and have to make these decisions.

[oleander8]

You should all read the story and keep your mouths shut. No one wants to hear what you think should be done in this tragic situation - you're a bunch of know-it-all, judgemental bystanders.

[hissteps4u]

Schivo's case was nothing like this YET similarities exist no doubt but in Shivo's Case the Courts rightly affirmed the Husbands decision and God bless them for that. the parents selfishness caused a Media Firestorm and was Unwarented. They had no rights as the court finaly agreed to uphold the law in Florida. It was a win for Families who wanted to follow the wishs of their Loved ones even if other family members disagreed and the Husband always has the right or if it had been reversed the Wife has the right to make such a decision to follow the wants and wishs of their Loved one.

In this case the child has no ability and not old enough to have voiced such an Opinion. the truth is how long ethicaly do we allow Medicin to hold someone in Limbo before the enivitable reality sets in?

[randalds]

You should all read the story and keep your mouths shut. No one wants to hear what you think should be done in this tragic situation - you're a bunch of know-it-all, judgemental bystanders.

Posted by oleander8 at 10:55 PM : Apr 10, 2007

Thank you for telling us all what you think about this tragic situation.

[grammawhamma]

I am a RN. In this day and age with all the medications available I do not believe this child is suffering...if he is, shame on that hospital. No dying person should have to suffer. I am for prolonging life...however there comes a time when you are no longer prolonging life, but prolonging death. The parents need to realize this. Pray for them all.

[ksp9021]

Oh please, God doesn't need a ventilator to keep the baby alive. I question that statement between the Mother and God. If her belief is that strong, stop the treatment and see what God will do. Unless she already knows the answer.

[cathaleen]

The baby's parents will know when it's time to say goodbye. Everyone should just leave it alone and I don't understand how this got in the news, it's really nobody's business. It just a real heartbreaker.

[bepositive-2009]

I am outraged that the deathtoallah wrote what he wrote on the subject. I believe its that type of attitude that leads to hate crimes, and violence towards minorities. I am white and born from this country, but I believe that everybody is equal and deserves to be treated with respect until they prove otherwise. You know nothing of this family, except that they are a minority, and that they recieve medicaid. My daughter is on medacaid, I'm not here illegally! I need a little extra help as a single parent, with no education. And yes, maybe my actions put me in this position, but that does not mean I am a drain on society, that I do not deserve respect and compassion. I would understand your rude remarks if you knew the family, and it is nobody's bussiness what the whole story is, certaintly not people that are judgemental. They deserve a little privacy, they also deserve respect, as well as a little compassion of what they are going through.

[reena6]

I am a single parent, minority with an education and I still need help such as a Medical Card from the State...deathtoallah...all I have to say is that you are a cold and callous individual and it makes me believe that people like you are going to hell with gasoline undies on! You should not be so heartless...who are you to judge anyone!
I will be praying for this family and that the right thing happens for them.

[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.

[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...

[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.

[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.

[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.

[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.

[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.

[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.

[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

[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?