Posted on 11/20/2006 1:49:59 PM PST by presidio9
A judge has rejected a family's plea that a 53-year-old woman in a vegetative state should be allowed to die.
He has ordered instead that she should be given a drug that could wake her up.
Theoretically the patient could then spend the rest of her life severely disabled and aware of her condition.
Sir Mark Potter, president of the High Court Family Division, says the woman should be given zolpidem, a common sleeping pill.
It has been used before on victims of severe brain damage who have then regained consciousness.
The woman, who cannot be named, suffered a massive brain haemorrhage on holiday in August 2003 and has been diagnosed as in a persistent vegetative state.
Sir Mark ruled that doctors should try giving her the drug before a final decision has to be made on whether to stop giving her food and water artificially, and let her die.
His decision was supported by the Official Solicitor Laurence Oates who represents PVS patients when their families seek permission to allow them to die.
A spokesman said Mr Oates, who has now retired, thought the woman should be given zolpidem to test if she could 'wake up.'
He said: "It was a very difficult case, but Mr Oates believed that before anyone is allowed to die every test possible should be carried out."
Sir Mark is believed to have also heard evidence from experts who look after severely brain-damaged patients.
It is the first time a ruling has been made to keep a PVS patient alive in order to use the drug. The case follows new Government guidelines, revealed by the Daily Mail on Saturday, which tell doctors they risk being put on trial for assault if they refuse to allow patients who have made 'living wills' to die.
The Lord Chancellor told the medical profession that those who do not follow the wills could face jail or big compensation claims in the court.
In a guide to Labour's Mental Capacity Act, which comes into operation next spring, Lord Falconer said living wills must be enforced. PVS patients are described as 'awake but not aware'. Unlike patients in a coma their eyes are open but they see nothing and are not conscious of their surroundings.
They breathe normally but have no swallowing reflex and have to be kept alive by artificial feeding and hydration.
In 1993 the courts sanctioned the withdrawal of feeding from Tony Bland, a 21-year-old brain-damaged survivor of the Hillsborough football ground disaster.
The case went to the House of Lords where law lords ruled it was in his best interests to be allowed to die and said doctors could lawfully stop artificial feeding because they would not be killing him, but withdrawing treatment.
Since then the High Court has sanctioned the withdrawal of food and drink from dozens of PVS patients when doctors, families and the Official Solicitor have agreed that death was in the patient's best interests.
The case of Terri Schiavo, whose husband fought a seven-year battle in Florida before she was allowed to die last year, heightened the debate in the U.S.
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THE NEW LEASE OF LIFE DRUG Zolpidem has been used in South Africa with amazing results. One recipient is 32-year-old Miss X, who cannot be named for legal reasons. She suffered four cardiac arrests and hypoxia - a lack of oxygen to the brain - after contracting septicaemia four years ago.
Without the pill, she can barely stand, her arms are in spasm and she cannot speak, although her intelligence has not been affected. But after being given a dose of the drug she can stand up, stretch to her full height and clap her hands.
The left side of her face is no longer drooping and her eyes sparkle. She smiles broadly and can even use a keyboard to communicate with people, telling them how she now hopes to speak again.
From the end of the article: "She smiles broadly and can even use a keyboard to communicate with people, telling them how she now hopes to speak again." No details on how sophisticated that communication is; there are plenty of instances of people deluding themselves into thinking that they're hearing from loved ones, from Ouija boards to the dubious "facilitated communication" with autistics.
If I had a life like Stephen Hawking's, I'd want to stay alive. But if I were fully conscious and aware, incapable of movement or communication, I can't imagine anything closer to hell on Earth. Especially if I had no or limited sensory input.
People in conditions of complete sensory deprivation suffer a mental crisis in a matter of minutes -- our brains are hard-wired to absorb information about our surroundings, and when deprived of input, they start making up their own. Horrid hallucinations in all five senses, intense panic; imagine the worst nightmare you've ever had, and then imagine that you can't wake up and it doesn't ever stop.
Only if she can communicate the decision. The article isn't clear on how likely that is.
I was refering to this
I have it written down and I have named my brother as the Judge as to when it is to be carried out. I picked him because he knows how I feel and has the guts to carry it out. My wife and kids shouldnt have to make that decision they would let their emotions rule them ,I feel my brother is capable of making the best decision.
It's a big enough difference that the pills work on people in a PVS -- they don't work on the brain dead.
No, it hasn't been determined whether or not they'll work on a PVS patient.
My guess is that they won't work on PVS patients either.
This is starting to cross over into the Dr. Frankenstein arena -- actually worse, the monster had a functioning brain.
Oh "House" that's a real good authority.
didn't say it was a good authority, just said it was featured.
So are you an anarchist who doesn't believe there should be a state, or do you simply think that invalids have no due process rights? This woman HAS NO LIVING WILL, HER FAMILY ISN'T EVEN SAYING SHE WOULD WANT TO DIE. Who are you to say that this pill might not cure her?
I agree. Which is why I questioned your (incorrect) statement, "the pills work on people in a PVS".
"The terms "brain dead" and "PVS" have medical and legal meaning."
Yes, and so do the terms "brain damaged", "severly brain damaged", "vegetative state", and "persistent vegetative state".
"A "brain-dead" person is dead. A person in a PVS is not."
Correct. But they do have things in common. Neither will recover. Both are on artificial life support. Neither has consciousness or ever will again.
And both are using valuable and precious hospital resources that can be better used to keep alive someone who has a chance at living.
Amen to that!
Thank you for answering my question!
Please FreepMail me if you want on or off my Pro-Life Ping List.
(snort)
I believe this drug was featured on a recent episode of House.
Holy crap! You're kidding right? You don't actually use a TV for medical information. Please tell me you're kidding...
I hope the pill helps her.
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