MIAMI (WSVN) -- A young mother died when, a lawsuit claims, she was taken off life support without her family's permission.
It was supposed to be a day of joy for the Francois family. Twenty-six-year-old Caroline was giving birth to her third child at a local hospital.
The baby was born fine, but the next day things went terribly wrong for the young mother. "Her blood pressure remained high and continued to remain high," said the family's attorney, Loreen Kreizinger. "As a result of her uncontrolled hypertension, she had a bleed to the brain, which happened the next day after the baby was born."
Caroline was put on life support. "It's terrible," said Kreizinger. "It's probably one of the worst things I've personally ever experienced as an attorney, and I am also a nurse."
According to the lawsuit, after Caroline was put on life support, the local hospital called the University of Miami organ donor program. An employee of the donor program went to the hospital and tried to meet with the family. "Mr. Francois never spoke with them and never gave consent," said the family's attorney.
But despite that, the lawsuit against the University of Miami claims that same employee, who is not a medical doctor wrote physician's orders in Caroline's chart which read: "Patient pronounced brain dead at 16:16 hours," and, "Please discontinue all treatments including the ventilator."
"We have evidence that he physically entered the room and actually turned off the ventilator," said the lawyer.
Court testimony supports that shocking allegation. Caroline's respiratory therapist was asked in a deposition, "Who physically took Caroline off the ventilator?" The therapist replied, "That's a gentleman from organ procurement."
In Caroline's chart, her nurse wrote the employee from UM "turned off vent," referring to the ventilator.
No one is saying why this employee might have pulled the plug, but Caroline's doctor is very clear. In testimony, her doctor was asked, "Did you yourself at anytime make an assessment that Caroline was brain dead?" The answer: "No."
"We have evidence that Caroline began to breathe on her own, both by a computerized respiratory printout and by handwritten notes of the respiratory therapist," said Kreizinger.
Asked if she was implying that Caroline was breathing on her own and still taken off life support, the family's attorney replied, "That's right. That's what we're saying here."
The University of Miami denies the allegations in the lawsuit, saying, "This defendant specifically denies that it, or anyone for whom it could be held legally responsible, caused or contributed to Caroline Francois's death."
"It certainly is the University of Miami's position that there were four determinations of brain death prior to disconnection from ventilator," said University of Miami attorney Helenemarie Blake. "There is an issue of fact as to who disconnected the ventilator, if at all."
In court Thursday, University of Miami attorneys tried to get the judge to strike Caroline's nurse from the witness list. That nurse allegedly witnessed who turned off the ventilator. The attorneys say they have not been able to locate that nurse to depose him. The judge has denied that request.
Thread by Mrs. Don-o.
House Speaker Nancy Pelosi (D-Calif.) insisted on Friday that the Senate health care bill does not allow tax-funding of abortion, and added that she had spoken with “Catholic bishops” about the issue. However, the U.S. Conference of Catholic Bishops told CNSNews.com that anyone who had spoken to the bishops about the legislation should know that it does fund abortion and that the bishops oppose the bill.
At a press conference on Friday, Pelosi was asked whether Rep. Bart Stupak (D-Mich.), who opposes President Obama’s health proposal which uses the Senate bill as its foundation, was wrong in stating that the legislation would allow tax dollars to fund abortion and whether this would be a problem for those trying to advance the bill.
Pelosi, a Catholic, said, “Let me say it this way, there’s three, three--I don’t want to say principles--but three standards that we are using as we go forward, and I talked to the Catholic bishops about this and people on all sides of the choice issue.
“Law prevents federal funding, and federal law prevents federal funding of abortion,” said Pelosi. “There is no federal funding of abortion in this bill. There’ll be no expansion or diminution of a woman’s right to choose and that does not happen in this bill, and we’re determined that we are going to pass health care reform.
“This bill that passed the Senate does not have federal funding of abortion,” said Pelosi.
After Pelosi's press conference, Richard Doerflinger, associate director of the Secretariat of Pro-Life Activities for the United States Conference of Catholic Bishops (USCCB), told CNSNews.com that “anyone” who has talked with them knows that the Senate bill, which forms the basis for the president’s proposal, allows taxpayer money to be used to pay for health plans that cover abortion.
“We do not know how anyone who has spoken to the bishops could conclude that the Senate health care bill does not fund abortions,” Doerflinger told CNSNews.com in an e-mail statement.
“As the bishops have said in their letters to Congress, abortion problems in the Senate bill are so serious that, despite our strong support for expanding access to health care, we will have to oppose the bill unless they are resolved,” said Doerflinger.
Inquiries to Speaker Pelosi’s office by CNSNews.com about the USCCB’s statement were not returned before this story was posted.
The USCCB has explained in detail, and in several letters, how the Senate health care bill allows for taxpayer money to go to health care plans that cover abortion.
Doerflinger told CNSNews.com: “While the Senate bill includes some language limiting the direct use of tax credits to subsidize abortion coverage, it still violates longstanding federal precedent on abortion funding in two ways.”
”First, the Senate’s abortion language limits only the use of tax credits for abortion in qualified health plans, not other funding in the bill,” he said.
“For example, the bill authorizes and appropriates $7 billion for services at community health centers (increased to $11 billion in the President’s new proposal),” said Doerflinger. “The Hyde amendment does not prevent direct use of these billions of dollars for elective abortions (because the funds are not provided through the appropriations bill governed by Hyde), nor does any provision in the Senate bill.”
“Second, the Senate’s language on tax credits still allows subsidies for overall health plans that cover elective abortions, against the policy of the Hyde amendment and other longstanding federal laws,” said Doerflinger.
“The bill requires each American purchasing such a plan to make a separate payment to the insurer every month, solely to pay for other people’s abortions,” he said. “This is an enormous imposition on the consciences of the millions of Americans who oppose abortion.”
Douglas Johnson, the legislative director for the National Right to Life Committee, also reacted to Pelosi's claim that the Senate health bill does not fund abortion. “She has just repeated the same deceptive claptrap,” Johnson told CNSNews.com.
“She is back to the old denial and deception approach, but she has no credibility on this issue and her claims were repudiated by one-quarter of her own caucus last Nov. 7th ,” Johnson said.
Nov. 7th refers to the day that the House passed its version of health care reform with only one Republican in support and one-quarter of Democrats in opposition, which culminated in a 220 to 215 vote. Before narrowly approving the bill, the House voted by a larger margin to approve an amendment sponsored by Rep. Bart Stupak (D.-Mich.) that prohibited any federal funding of any health care plan under the bill that covered abortion.
Michelle Begnoche, a spokeswoman for Rep. Stupak (D-Mich.), told CNSNews.com in an e-mail that Stupak was not available for comment but that “he has made clear that the Senate language is a departure from current law and is unacceptable.”
The Senate rejected language by Sen. Ben Nelson (D-Neb.) that mirrored the pro-life Stupak amendment in the House legislation.
The U.S. Conference of Catholic Bishops issued a 13-page document explaining why the Senate bill allows tax dollars to funded abortion.
“Of the two bills, only the House bill conforms to current law on abortion funding,” reads the document. They credit that to Stupak’s amendment.
“Thus under the Senate bill, notwithstanding ‘the segregation of funds’ provision, federal subsidies will be used to help expand access nationwide to abortion coverage,” reads the document.