Hawkins v. DeKalb Medical Center -- Still in Litigation

As Betancourt v. Trinitas Hospital is nearing the end of the appellate briefing schedule, some have asked about the status of other ongoing court cases properly characterized as medical futility disputes.

One which I blogged about over a year ago, Hawkins v. DeKalb Medical Center, is still in the discovery phase of litigation. It is currently set for trial in January of 2010, but even that may be subject to change.

Montana Supreme Court on Assisted Suicide -- When Is the Decision?

After I blogged about the oral argument in Baxter v. Montana, I was asked "what about the decision?" It may be a few months, probably in early 2010.

My back-of-the-envelope math indicates that it will probably be around three months before a written opinion is released. That is based on averaging the time between case submission and opinion release in the ten most recent Montana Supreme Court decisions (ranging from 1 to 5 months). On the other hand, some recent (summer 2009) published opinions (e.g. Kenfield, 2009 MT 242) were not released for more than seven months after oral argument and submission.

"Treat the Dead" Court Injunctions Are Tip of the Iceberg

Yesterday, I wrote here about a West Virginia court that ordered a hospital to continue treating a brain dead patient. For context, it is worth mentioning that such orders are regularly obtained by family members from courts across the United States. One of the more visible, recent cases was that of Motl Brody at DC Childrens.

Granted, usually (though not always) the courts grant only temporary (stop-gap) relief, giving everybody a chance to catch their breath and explore options. Rarely does the court issue a permanent injunction. On the other hand, the physiological nature of these cases typically means that there is no need for families to ask for permanent injunctive relief. The patient will, within the TRO o temporary injunction period, satisfy both the either-or prongs of the criteria for death: complete brain death and complete cessation of cardio-pulmonary function.

Still, if we are litigating over how to deploy medical treatment for corpses, that surely indicates that we are hardly anywhere the requisite consensus over how to deploy medical resources for the dying or terminally ill.

West Virginia Court Orders Hospital to Treat Brain Dead Man

22-year old Christian Lanciano overdosed on herion on August 22nd. Subsequently, doctors at Martinsburg [West Virginia] City Hospital determined that Chris was brain dead.

But Chris's mother, Angela Lanciano Moreno, "has done some research on her own and thinks that, yes, he may recover." On Monday, Berkeley County Circuit Judge Gina Groh granted the mother a temporary restraining order. It gives Lanciano's family members ten days to find another facility to take over care for him or to come up with another plan. (MetroNews Talkline)

Notably, the mother was shocked to discover that there is a "state law that gives doctors the authority to remove a patient from life-support equipment if the person is determined to be brain dead." (Martinsburg Journal) Obviously, this is a very common law. Hospital attorney Robert Brandfass rightly noted his client's concern about "life-continuing services when there is no life to continue."

Finally, hopefully, the doctors do not, as reported, actually "believe he is brain dead and is being kept alive by artificial means." If he is brain dead, then he cannot be kept alive.

Joseph Tiralosi - Miracle recovery in NY

Two weeks ago, Joseph Tiralosi’s heart stopped beating for 45 minutes. Nevertheless, yesterday, he was released from the New York-Presbyterian Hospital Weill Cornell Hospital. (NY Daily News)

"I have never seen or heard of a patient suffering an arrest that long and actually leaving the hospital," said Suzanne Steinbaum of the American Heart Association. Dr. Flavio Gaudio, the emergency room doctor who led Tiralosi's treatment, said what makes his case all the more remarkable is that he didn't suffer any brain damage.

Baxter v. Montana - Oral Arguments on Wednesday

Arguments in Baxter v. Montana begin tomorrow at 9:30 MT (11:30 ET) in Room 303 of the Montana Capitol and are open to the public. People may listen or watch live broadcasts through the Montana State Judiciary Web site here.

The Court must decide whether, as a lower court judge held, the Montana Constitution protects the right of a terminally ill patient to obtain a lethal prescription from her physician.