Posted by
Cristy Li on Saturday, August 18, 2007 2:00:47 AM
Wisconsin Attorney Terry Davis representing "Right to Life" filed a Brief on Wednesday in La Crosse County Court, asking the Court to Dismiss the case of a family that is seeking a Court Order to pull the feeding tube of a 54 year old La Crosse Woman being kept alive under sedation and with a feeding tube.
The La Crosse Woman has had 7 strokes since 1995 the most recent on April 23 resulting in violent dementia, with severe agitation, fear, anguish and delirium. She refuses to eat and has pulled out her feeding tubes. Doctors at Gundersen Lutheran Medical Center say that the only way to keep feeding her is keeping her sedated.
The Woman's family has asked a Judge to allow the feeding tube to be pulled. A Judge has previously said the Woman is not competent and appointed her daughter as her Guardian.
Under Wisconsin Law, a Guardian has no legal authority to make a decision such as the denial of medical care, unless the patient is in a persistent vegetative state. In this case, the La Crosse Woman is not in a vegetative state or expressed wishes to end medical care through an advanced directive.
Attorney Robin Shapiro, representing the family has asked the Court to appoint a Guardian ad Litem to represent the legal interests of the Woman. The family is certain if the Woman could speak for herself, she would not desire that life sustaining treatment be continued.
Robin Shapiro has argued that the Woman is "functionally equivalent" to a persistent vegetative state. Judge Scott Horne expressed skepticism about that argument. Right to Life Atty Terry Davis, has argued that Shapiro is a well known advocate for expanding the circumstances under which life sustaining medical treatment can be withdrawn.
Judge Horne will hold a Hearing on the 22 August and may make a ruling on pleadings filed in this matter. The Judge has ruled that the Woman's name will not be made public including certain identifying characteristics.