California Supreme Court to Hear
Arguments in Landmark Life and Death Case Today
Today, Wednesday May 30, 2001, the California Supreme Court will hear
arguments in a landmark case that presents the court with the critical
issue of whether or not an individual, not in a persistent vegetative
state nor terminally ill, can be killed at the request of his
surrogate.
In this case ADF has been supporting Robert Wendlend’s mother’s
legal efforts to save his life since 1996.
In 1993 Robert Wendland, husband and father of three children, was
involved in a car accident which left him cognitively disabled. After
nearly sixteen months in a coma, Robert awoke, becoming gradually more
responsive to his environment. Robert started physical therapy to improve
his cognitive and physical abilities; however, mid-way through his
physical therapy, his wife, who had been appointed conservator, sought to
stop his treatment, including food and water. Robert's mother went to
court to block the removal of the feeding tube. The trial court ruled that
Robert could live.
His wife appealed that ruling and the appellate court held that
Robert's wife only had to show that she "acted in good faith based on
medical advice" in seeking to remove his feeding tube. Robert's mother
immediately appealed that decision to the California Supreme Court, which
will hear this landmark case today.
In the brief to the California Supreme Court in support of Robert's
life, it is noted that at trial there was testimony that Robert has
progressed to a point where among other things he can operate a manual
wheelchair using his left hand or foot or an electric wheelchair with the
use of a joystick, throw and catch a ball with his hand, kick and stop a
ball with his foot, and operate an augmentative communication device to
give "yes" or "no" responses to questions. At issue is whether
California's law which gives a conservator "the exclusive authority to
give consent for such medical treatment to be performed on the conservatee
as the conservator in good faith based on medical advice determines to be
necessary . . ." can be applied to a person who is not in a persistent
vegetative state.
This is truly a case of life and death, not just for Robert, but many
others. Please pray that the California Supreme Court will uphold the
sanctity of life.

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