News Alert 5.30.01

 

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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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Copyright © 2001 by the Alliance Defense Fund.  All rights reserved.