Judge orders Texas hospital to keep 'Little Emilio' alive
Rusty Pugh and Jody Brown
OneNewsNow.com
April 11, 2007
A Texas baby at the center of a debate over life-sustaining treatment will continue to receive his breathing and vitamin treatments while the case moves forward in court.
A judge has issued a temporary restraining order (TRO) that will force Children's Hospital of Austin to continue giving toddler Emilio Gonzales his medical treatments for what doctors think is Leigh's Disease, a rare condition that is treated primarily through vitamin therapy. The hospital wants to discontinue the treatments because doctors do not believe Emilio can recover, deeming his life "futile."
Joshua Carden with the Alliance Defense Fund says the family -- not a hospital "ethics" committee -- should be making decisions about this child's life.
"And that used to be the case," the attorney explains, "but in Texas, this law that's on the books -- [a law] that I'd never heard of until just a few weeks ago -- allows hospitals and their ethics committees to override the wishes of the family."
According to Carden, the Texas case is differs considerably from a Florida case that drew the attention of the American public and the media slightly more than two years ago.
"There's no dispute amongst family members -- this isn't like the Terri Schiavo case, where you had parents versus husband," he shares. "This is Emilio's mom saying, 'Please keep my little boy alive.'"
But the hospital ethics committee has apparently made up its mind, says the ADF attorney, who suggests that Emilio faces severe consequences if the committee's vote stands. "n this case, he'll die a death that's more painful than a death that death-row inmates face," says Carden.
Children's Hospital had intended to stop the baby's treatment on Tuesday (April 11). But because of the court's intervention through the TRO, the young boy will continue to receive treatment until the new hearing date on April 19. The case is Gonzales v. Children's Hospital of Austin.
Rusty Pugh and Jody Brown
OneNewsNow.com
April 11, 2007
A Texas baby at the center of a debate over life-sustaining treatment will continue to receive his breathing and vitamin treatments while the case moves forward in court.
A judge has issued a temporary restraining order (TRO) that will force Children's Hospital of Austin to continue giving toddler Emilio Gonzales his medical treatments for what doctors think is Leigh's Disease, a rare condition that is treated primarily through vitamin therapy. The hospital wants to discontinue the treatments because doctors do not believe Emilio can recover, deeming his life "futile."
Joshua Carden with the Alliance Defense Fund says the family -- not a hospital "ethics" committee -- should be making decisions about this child's life.
"And that used to be the case," the attorney explains, "but in Texas, this law that's on the books -- [a law] that I'd never heard of until just a few weeks ago -- allows hospitals and their ethics committees to override the wishes of the family."
According to Carden, the Texas case is differs considerably from a Florida case that drew the attention of the American public and the media slightly more than two years ago.
"There's no dispute amongst family members -- this isn't like the Terri Schiavo case, where you had parents versus husband," he shares. "This is Emilio's mom saying, 'Please keep my little boy alive.'"
But the hospital ethics committee has apparently made up its mind, says the ADF attorney, who suggests that Emilio faces severe consequences if the committee's vote stands. "n this case, he'll die a death that's more painful than a death that death-row inmates face," says Carden.
Children's Hospital had intended to stop the baby's treatment on Tuesday (April 11). But because of the court's intervention through the TRO, the young boy will continue to receive treatment until the new hearing date on April 19. The case is Gonzales v. Children's Hospital of Austin.