Posted on 04/07/2005 2:59:57 AM PDT by schmelvin
For Immediate release! To: All media, and supporters of life. From: The Family of Mae Magouirk Date: April 6, 2005 Contact: Kenneth Mullinax - Mockingbird@compuhelp.net
Shiavo case revisited in Georgia
Mae Magouirk…not comatose …not vegetative …not terminal
Why is Hospice LaGrange, Ga. withholding nourishment?
(LaGrange, Georgia) Mae Magouirk is being withheld nourishment and fluids and the provisions of her Living Will are not being honored at the Hospice-LaGrange, (1510 Vernon Street, LaGrange “Troup County” Georgia, 706-845-3905) a subsidiary of the LaGrange Hospital in LaGrange Georgia. Her family is desperately seeking to save her life before she dies of malnourishment and dehydration.
Mae Magouirk IS NOT comatose and she IS NOT vegetative. She is not terminal!
Despite these facts the Hospice and Beth Gaddy, a school teacher at LaGrange’s Calloway Middle School and granddaughter of Mae Magouirk have been denying her proactive nourishment or fluids (via a nose administered feeding tube or fluids via an IV) since March 28 without prior legal consent; against the wishes of her Living Will and against the wishes of Mae Magouirk’s closest living next of kin. Mae Magouirk’s next of kin are: Mr. A. B. McLeod (Her Brother) and Mrs. Lonnie Ruth Mullinax (Her sister) both of nearby Anniston, Alabama.
Under Georgia law, unless a medical durable power of attorney is in place, your closest living next of kin are stipulated to make all medical decisions. When Mae Magouirk’s closest living next of kin lodged a complaint with Hospice LaGrange’s in-house attorney Carol Todd last Thursday, March 31, Ms. Todd checked Mae Magouirk’s case file and upon examination of both documents discovered that Beth Gaddy DID NOT have the durable medical power of attorney for Mae Magouirk and upon closer examination of Mae Magouirk’s Living Will ascertained that fluids and nourishment were ONLY TO BE WITHHELD if she was either comatose or vegetative. SHE IS IN NEITHER STATE!!!
Nor is Mae Magouirk terminally ill. Her local LaGrange, Ga. cardiologist, Dr. James Brennan and Dr. Raed Aqel, a highly acclaimed interventional cardiologist at the nationally renowned University of Alabama-Birmingham Medical Center have determined that Mae Magouirk’s aortic dissection is contained and not presently life threatening.
Two weeks ago, Mae Magouirk’s aorta had a dissection and she was hospitalized in the LaGrange Hospital in LaGrange, Ga. Her aortic problem was at first determined to be severe and she was admitted in the intensive care Unit. Her granddaughter, Beth Gaddy, a teacher at the Calloway Middle School in LaGrange, stated that she held Mae Magouirk’s medical power of attorney and thus invoked said powers against the wishes of Mae Magouirk’s closest living next of kin by having her moved to Hospice-LaGrange. While at Hospice-LaGrange, Beth Gaddy stated that her wishes were for no nourishment for Mae Magouirk via a feeding tube or fluids via an IV. Before hospitalization Mae was lucid and never had been diagnosed with dementia as was testified to in Probate Court on Monday, April 4, by a local MD.
Page Two Mae Magouirk is being starved to death!
Upon learning from Hospice-LaGrange that Mae Magouirk was being denied nourishment and fluids and upon being told by Carol Todd (Hospice LaGrange’s in-house legal consul) that Beth Gaddy DID NOT HAVE THE PROPER LEGAL AUTHORITY to deny said nourishment AND that the denial of nourishment went against Mae Magouirk’s Living Will, Mae’s family (Mullinax/McLeod) ordered the immediate beginning of such nourishment/fluids for Mae to Hospice via Carol Todd.
First Contact with Hospice on Thursday, March 31 Carol Todd told Mrs. Lonnie Ruth Mullinax (Mae Magouirk’s sister) and Kenneth Mullinax (Mae Magouirk’s nephew) via phone on Thursday, March 31 that Georgia Law stipulated that Mrs. Mullinax and her brother A. B. McLeod (Mae Magouirk’s brother) were entitled to make any and all decisions for Mae Magouirk. Mrs. Mullinax immediately told Carol Todd to insert fluids via an IV and insert a feeding tube, via her nose. Carol Todd had the IV fluids started that evening but told the family that they would have to come to Hospice LaGrange to sign papers to have the feeding tube inserted and because of such, she believed that Mae Magouirk would no longer be a candidate for Hospice LaGrange. She was then told that Mae Magouirk’s family concurred and the ONLY REASON Mae was at Hospice was because the LaGrange Hospital had failed to exercise due diligence in closely examining the power of attorney which Beth Gaddy said she had, as well as executing the provisions of Mae’s Living Will to her preordained stipulations. Gaddy only had a financial power of attorney and did not have a medical power of attorney and Mae Magouirk’s Living Will provided that a feeding tube and fluids SHOULD ONLY BE DISSCONTINUED IF Mae was comatose or in a vegetative state. She was and is in neither state.
Attempt to rescue Mae on Friday denied by Probate Judge Donald Boyd On Friday, April 1, when A. B. McLeod (brother) and Kenneth Mullinax (nephew) showed up to meet with Carol Todd and to arrange emergency air transport of Mae Magouirk to the University of Alabama-Birmingham Medical Center (One of the top cardiovascular centers in the USA) Hospice LaGrange stalled them while Beth Gaddy went before Troup County Georgia (LaGrange, Ga.) Probate Judge Donald W. Boyd (who DOES NOT hold a law degree) who granted Beth Gaddy emergency guardianship of Mae Magouirk, giving Beth Gaddy full and absolute authority. Thus, they COULD NOT MOVE HER FOR PROACTIVE MEDICAL CARE Friday because Beth Gaddy had Hospice stop them and then she had Mae’s IV fluid tube pulled out. Beth Gaddy has repeatedly told Mr. McLeod, Mrs. Mullinax and Kenneth Mullinax that she feels they all should let Mae not eat and thus cause her to die because, and we quote Beth Gaddy: “Grandmamma is old and I think it is time she went home to Jesus. She has glaucoma, and now this heart problem and who would want to live with disabilities like these?”
As stipulated under Georgia Law, a hearing for an Emergency Guardianship, must be held within 3 days of its request and Mae Magouirk’s hearing was held on this past Monday, April 4, before Troup County Georgia Probate Judge Donald Boyd who favors granting Beth Gaddy permanent guardianship and thus will seal Mae Magouirk’s fate of allowing Beth Gaddy to starve her to death against the wishes of her Living Will and in full knowledge that Mae Magouirk is not terminal, not in a coma and is not in a vegetative state and that medical care at UAB Medical Center is awaiting her. Shiavo revisited!
Mae’s present state and vital signs Mae’s blood pressure is good, averaging 140/82 with a pulse rate of 88. However, since admission to Hospice she has not been lucid but who would be since nourishment and fluids have been denied since March 28, 2005. Also adding to her confusion is that she is off her regular medicines and is on a dose of Adavan and Morphine. Without food or water her electrolytes and body chemistry is not within its proper parameters. If her condition is not given major public attention soon, she will die, not by divine cause but by the omission of assistance by man. WE MUST GET Mae moved to UAB Medical ASAP
Resources: Probate Judge Donald Boyd…Court CASE NUMBER: Estate 138-05 Attorney for saving Mae’s life: Jack Kirby, Kirby & Roberts***
e-mailed Rita. (I already mailed Sean...I know he's holding off; I won't correspond with Bill O...sorry).
Very good point!
Here's another one, from a Dr. Dresser:
http://www.bioethics.gov/background/dresser.html
"So another reason for not giving full weight to
advanced directives would be the judgment that many
people actually want to give their families and
doctors some flexibility at the bedside. So that would
be consistent with an autonomy perspective on handling
these problems."
"Now, a couple hard questions regarding this issue of
how and when to treat a supervening illness in a
dementia patient. These are both questions that courts
have struggled with."
"One is that when you're evaluating the benefits and
burdens of different medical approaches, including
foregoing treatment, is it appropriate to consider not
just the burdens and benefits of the treatment
intervention itself? So, say, it's a feeding tube, you
know, the pain involved in putting that in or any
restraints that might be necessary if the patient is
uncomfortable with the feeding tube."
"But is it also appropriate to consider the kind of
life that a successful treatment will bring the
patient? So this gets into the quality of life
consideration."
Those are my SAME THOUGHTS!
In answer to your question, this is the best I have been able to pull together so far. I hope others can jump in and help refine it from sources they may have.
My attempt at a timeline:
March 23? or 24?("two weeks ago" in nephew's April 6 press release and WND April 7 article) or 28? -- aortic dissection -- admitted to LaGrange Hospital; moved to ICU.
March 28? -- moved to Hospice LaGrange at direction of Beth Gaddy (granddaughter), who ordered no IV or feeding tube be given.
March 31 -- relatives in Alabama who have decisionmaking authority according to Georgia law talked to hospice attorney--Mae's sister ordered IV fluids and feeding tube. Hospice attorney started IV fluids that evening but said family would have to come in person to sign order for feeding tube.
April 1-- family arrives to order feeding tube inserted. According to WND article it sounds like tube was inserted, but family was stalled from taking her to hospital. In local paper it sounds like feeding tube was never inserted. Meanwhile, granddaughter obtained emergency guardianship from probate court judge Donald Boyd, and she ordered no feeding tube or IV fluids.
April 4--hearing is held before probate court--Gaddy reportedly told judge that she is giving her grandmother ice chips, Jello and "anything else she'd be willing to eat" by mouth. The nephew is concerned because of a hospice nurse's report that she has not had anything substantial since March 28. Judge appointed three doctors to give recommendations. According to nephew's reports, the doctors did not speak until Wednesday, April 6. According to him, they talked again on Thursday, April 7, but still have not made a decision.
Conclusion: Mae did have fluids overnight on the 31st (12 - 16 hours would be a guess) and possibly a few hours of nutrition on the 1st (if WND report is correct). Other than that, she has only had a bit of food and ice chips by mouth since March 28. It is unclear what she was provided in the hospital and how long she was there, but I would assume fluids and nutrition were provided in the hospital. This would be a total of 11 days without substantial fluids and about 12 days without substantial nutrition. Those with more experience or medical knowledge, please feel free to correct.
Sources: Nephew's press releases on http://www.blogsforterri.com, LaGrange News article (http://www.lagrangenews.com/new.php?StoryType=full) and World Net Daily (http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43688) article.
Most obviuosly they are out to destroy the Republic and have been for a long, long time. Agreed.
See http://www.freerepublic.com/focus/f-news/1379840/posts?page=16#16
"The only solution for the (Social Security) "crisis", which is a crisis in overall spending, therefore is to grow the economy.
No. There is another possibility: harvest the drain, and pocket/reinterpret the numbers to account for the savings.
AKA euthanasia, viaticals and the "right to die." Gees. Even its initials are SS."
To some extent I agree with the woman, although, given the pro abortion attitude on young life, I find this argument somewhat hypocritical.
I agree to the extent that I have seen many people in nursing homes on Medicaid, in a horrible condition from Alzheimers, stroke, Parkinsons, accidents, etc. Many or most of these people
truly are terminal, but when they become unable to eat by mouth,
the family (usually spouse or child) ordesr a feeding tube. Let me stress that there is NO HOPE for recovery--these people truly are terminal.The family will not order a "no code" for the patient, but want them rushed to the emergency room to revive them if they cannot do it in the nursing home. Herein lies pain and suffering for the patient, emotional and financial stress for the family, and a terrible drain on Medicaid.
There needs to be some sort of model or a set of regulations stating that Medicaid will not pay for these thingsunder certain
circumstances. Unfortunately, as we see from the cases presently in the news, we cannot trust doctors and administrators not to promote their own agenda.
In the case of Mae, her condition does not seem to be terminal; it may be that she could recover and enjoy more years. My mother turns 89 tomorrow, has had several health problems including colon cancer (30 years ago), but keeps on getting up and doing her favorite thing--cleaning. She washed windows two days this week.
When feeding tubes are removed, I also want regulations that people be kept as comfortable as possible in the last stages in every way possible.
WHAT A MESS. my 94 year old aunt that died in the nursing home last year after stroke, once said."Old people used to die. Now, they won't let them." She was in favor of nature taking it's course, but would have hated "mercy" killing by people who think old people are a nuisance.
vaudine
"Old people used to die"
Old people also used to get out and take an occasional walk or get their hair done. Every once in a while, little old ladies would be in a shop somewhere, or some old geezer would be on the road.
You don't see that much anymore. And you don't see much of them.
Thanks for the list of media to email.
I just finished emailing every single address on that list. I sent them all the same message that I posted in my post #1,234. I thought that by putting all those links in my message that not only would it inform them, but it would also show them that people are taking notice of Mae's plight.
"The law is the law. We must honor judges and the law."
That's how some folks think, unfortunately. Guess they never heard of the Civil war, slavery and women not being allowed to vote.
YOUR WAY IS PERFECT!!
I LOVE IT!!
I HOPE EVERYONE USES IT!!
EXCELLENT JOB!!
YOU ARE BRILLIANT!
Nature taking it's own NATURAL course is fine; but as your grandmother said, killing people who are "old" becomes a more and more subjective term, wouldn't you think?
What's "old"? I remember when I was a kid, I thought 21 was old. Everything's relative. Old to me now is 70's or 80's. But I'll tell you a funny story.
My grandmother, who died at 97, never thought of herself as old. I can remember her flying from Long Island to see my family, when I lived in California. She'd go on about all the "old" people on the plane. Now, you know at her age of 80's at the time, those "old" people were probably in their 60's. So, again, what's "old" and who is given the right to take away someone's life because THEY think a person's "too old" to live anymore? My grandma, at 95, would have clobbered you with her cain if you tried telling her SHE was old, much less too old to live.
Yes, there's many drains we can cap...including sealing our borders and stop paying out welfare/medical care on illegals, fraud, and a host of other unnecessary pork barrel expenditures...and what about those high falutin salaries that our Senators and Representatives get? With cost of living increases, every single year, that they vote themselves to get? I don't get them, and I don't even get paid hardly at all what they pay themselves.
Not to mention that the DERN judges don't follow the law!
Nor the HOSPICES!
AAARG!
No, the moral of the story is:
1) Write a good living will.
2) Fight to get people to respect living wills
Have we had any word about what the three doctors are debating, exactly? What are the sticking points?!?
*blushing*
There is nothing wrong with ordering a feeding tube for someone who is terminally ill. In fact it is HUMANE TREATMENT and part of keeping them comfortable until they pass away. If feeding begins to cause regurgitations and aspirations into their lungs, then feeding should be contraindicated.
Resucitations in such situations are in fact cruel and are a different issue from feeding tubes.
I got a "Loving Will" from American Life League. Do I need to get a lawyer for this? I don't trust lawyers. I got a packet for me and my son. It also has a Power of Attorney for health care. It's free btw.
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