Judge Grants Request To Keep Infant On Life-Support
April 10, 2007
A judge in Austin Tuesday granted a family's request to keep a critically ill 17-month-old boy alive -- at least until later this month.
The judge ruled the infant should not be removed from life-support -- as scheduled this week by Children's Hospital of Austin.
The judge granted a temporary restraining order sought by the family of Emilio Gonzales. A hearing is April 19.
Catarina Gonzales says she believes they'll find another hospital for her son.
Children's Hospital of Austin, which has said the case is medically futile, has contacted more than 30 hospitals trying to place him.
Emilio is believed to have Leigh's disease. Doctors say his higher order brain functions are destroyed and he's non-responsive.
Children's Hospital has invoked a state law that allows hospitals to end such life-sustaining treatment -- with 10 days notice to the family.
The Legislature is considering changing the law.
Copyright 2007 by The Associated Press. All Rights Reserved.
Showing posts with label Baby Emilio. Show all posts
Showing posts with label Baby Emilio. Show all posts
Monday, April 09, 2007
AUSTIN - Lawyers for a terminally ill toddler on life support will again ask a court this week to keep alive the 17-month-old who cannot find another hospital to take him.
The family of Emilio Gonzales has until Tuesday to transfer the boy, who faced a similar deadline last month before his hospital provided more time to locate a new facility.
But no takers have emerged since Children's Hospital in Austin granted a two-week extension March 20. The hospital plans to remove the respirator Wednesday, and doctors expect Emilio to die within minutes or hours.
A lawyer for the family said she will ask a Travis County probate judge Tuesday for a temporary restraining order forcing the hospital to treat Emilio while the search continues.
"We're hopeful that we will receive more time to find a transfer for Emilio, because we have not exhausted all possibilities and leads," attorney Jerri Ward said.
Emilio has Leigh's disease, a degenerative neurological disorder causing his brain tissue to die. He has been at the hospital since December, and doctors fear the life support machines are hurting him.
Among his supporters are state lawmakers backing a bill that would prohibit hospitals from stopping life-sustaining treatment while a family pursues a transfer or other care.
Under the current law, doctors are obligated to give only 10 days notice before withdrawing treatment when further care is deemed medically futile, even over the wishes of the patient and family.
The temporary restraining order request would not be the first filed by Emilio's lawyers. Children's Hospital granted the recent two-week extension hours after Ward filed a similar motion four days before doctors first scheduled removal of the respirator.
But Michael Reiger, general counsel for the Seton Family of Hospitals, said there are no medical options left for the boy. He said Emilio has been turned down by 30 other hospitals, including ones that specialize in treating patients like him.
Reiger said Wednesday's removal would come at a convenient time for the family when support services are on hand.
"We would want it to be peaceful and dignified and as respectful as it could be," he said.
Emilio's mother, Catarina Gonzales, said her son reacts to speech and is not brain dead. Doctors say he has no purposeful movement and tests show that his brain is withering.
Last week, lawyers for the Gonzales family failed to persuade U.S. District Judge Sam Sparks to intervene in the case.
Texas is one of the few states with a timetable for cutting off a patient's life-sustaining treatment, according to studies cited by activist groups.
Under the current law, a doctor's decision to refuse a family's wishes to continue life-sustaining treatment is subject to review by a hospital ethics or medical committee. The patient and family get 48 hours' notice of that meeting.
The family of Emilio Gonzales has until Tuesday to transfer the boy, who faced a similar deadline last month before his hospital provided more time to locate a new facility.
But no takers have emerged since Children's Hospital in Austin granted a two-week extension March 20. The hospital plans to remove the respirator Wednesday, and doctors expect Emilio to die within minutes or hours.
A lawyer for the family said she will ask a Travis County probate judge Tuesday for a temporary restraining order forcing the hospital to treat Emilio while the search continues.
"We're hopeful that we will receive more time to find a transfer for Emilio, because we have not exhausted all possibilities and leads," attorney Jerri Ward said.
Emilio has Leigh's disease, a degenerative neurological disorder causing his brain tissue to die. He has been at the hospital since December, and doctors fear the life support machines are hurting him.
Among his supporters are state lawmakers backing a bill that would prohibit hospitals from stopping life-sustaining treatment while a family pursues a transfer or other care.
Under the current law, doctors are obligated to give only 10 days notice before withdrawing treatment when further care is deemed medically futile, even over the wishes of the patient and family.
The temporary restraining order request would not be the first filed by Emilio's lawyers. Children's Hospital granted the recent two-week extension hours after Ward filed a similar motion four days before doctors first scheduled removal of the respirator.
But Michael Reiger, general counsel for the Seton Family of Hospitals, said there are no medical options left for the boy. He said Emilio has been turned down by 30 other hospitals, including ones that specialize in treating patients like him.
Reiger said Wednesday's removal would come at a convenient time for the family when support services are on hand.
"We would want it to be peaceful and dignified and as respectful as it could be," he said.
Emilio's mother, Catarina Gonzales, said her son reacts to speech and is not brain dead. Doctors say he has no purposeful movement and tests show that his brain is withering.
Last week, lawyers for the Gonzales family failed to persuade U.S. District Judge Sam Sparks to intervene in the case.
Texas is one of the few states with a timetable for cutting off a patient's life-sustaining treatment, according to studies cited by activist groups.
Under the current law, a doctor's decision to refuse a family's wishes to continue life-sustaining treatment is subject to review by a hospital ethics or medical committee. The patient and family get 48 hours' notice of that meeting.
Friday, March 23, 2007
Cleveland hospital rejects a terminally ill child (Emilio Gonzales)
A Cleveland hospital rejected a terminally ill child in Austin Wednesday after hospital officials granted the family an extension to keep him on life support.
Jerri Ward, attorney for the family, said 16-month-old Emilio Gonzales was rejected for reasons unknown, but she was trying to find out, so he could get into another hospital.
Seton Hospital officials announced Tuesday night that the child's family has until April 10 to find another place to treat him. Until then, Emilio will remain at the Children's Hospital of Austin, where officials said they will treat him for Leigh's Disease through the 18-day period or until the family finds another hospital.
"They are happy that they have more time to find another hospital that will take Emilio, but the 18 days they have been given will go quick," said Ward.
State Rep. Bryan Hughes and other lawmakers said they have pushed for House Bill 1094, which gives families more time to find treatment for their loved ones. The case has drawn a lot of attention, and lawmakers said it is the perfect example of a mother's fight to save her dying son.
"If doctor decides care is not appropriate, and if that doctor is validated by ethics committee, then, under current law, the family only has 10 days," said Hughes. "From Catarina's experience and hundreds of other families we talked to, 10 days is not enough."
The bill would ensure that hospitals continue treatment pending transfer, giving the patient's family the right to make that decision, not the hospital.
"What they're basically saying is that continued life is not of benefit to the patient, and that is not their right to decide," Ward said.
A Cleveland hospital rejected a terminally ill child in Austin Wednesday after hospital officials granted the family an extension to keep him on life support.
Jerri Ward, attorney for the family, said 16-month-old Emilio Gonzales was rejected for reasons unknown, but she was trying to find out, so he could get into another hospital.
Seton Hospital officials announced Tuesday night that the child's family has until April 10 to find another place to treat him. Until then, Emilio will remain at the Children's Hospital of Austin, where officials said they will treat him for Leigh's Disease through the 18-day period or until the family finds another hospital.
"They are happy that they have more time to find another hospital that will take Emilio, but the 18 days they have been given will go quick," said Ward.
State Rep. Bryan Hughes and other lawmakers said they have pushed for House Bill 1094, which gives families more time to find treatment for their loved ones. The case has drawn a lot of attention, and lawmakers said it is the perfect example of a mother's fight to save her dying son.
"If doctor decides care is not appropriate, and if that doctor is validated by ethics committee, then, under current law, the family only has 10 days," said Hughes. "From Catarina's experience and hundreds of other families we talked to, 10 days is not enough."
The bill would ensure that hospitals continue treatment pending transfer, giving the patient's family the right to make that decision, not the hospital.
"What they're basically saying is that continued life is not of benefit to the patient, and that is not their right to decide," Ward said.
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