Denying Treatment to "Lives Not Worth Living" Is Disability Discrimination

The several lawsuits concerning the death of Michael Hickson have been getting attention for years. One of the more important cases is now pending before the U.S. Court of Appeals for the Fifth Circuit (No. 24-50956). The defendant/appellee reply is due May 30, 2025. 

The plaintiffs are appealing from a district court order dismissing their claims. Their claims are that clinicians denied life-sustaining treatment to Hickson because he was not "walking or talking." They denied treatment "because he was disabled." While plaintiffs may not ultimately prevail on the merits, these alleged facts seem sufficient to make a disability discrimination claim.

As I recently argued in Chest, new regulations clarify that disability discrimination laws apply to medical treatment decisions. But even though the Hickson case predates the regulations, it is still squarely covered by the underlying statutes.