Judge Rules Hospital Can Take Baby Off Life Support
https://blackamericaweb.com/2020/01/02/judge-rules-hospital-can-take-baby-off-life-support/
DALLAS (AP) — A Texas judge on Thursday sided with a hospital that plans to remove an 11-month-old girl from life support after her mother disagreed with the decision by doctors who say the infant is in pain and that her condition will never improve.
Trinity Lewis had asked Judge Sandee Bryan Marion to issue an injunction in Tarrant County district court to ensure that Cook Children’s Medical Center doesn’t end her daughter Tinslee Lewis’ life-sustaining treatment. Texas Right to Life, an anti-abortion group that is advocating for Tinslee, said the girl’s mother will appeal the judge’s decision.
Doctors at the Fort Worth hospital had planned to remove Tinslee from life support Nov. 10 after invoking Texas’ “10-day rule,” which can be employed when a family disagrees with doctors who say life-sustaining treatment should be stopped. The law stipulates that if the hospital’s ethics committee agrees with doctors, treatment can be withdrawn after 10 days if a new provider can’t be found to take the patient.
In a statement issued by Texas Right to Life, which opposes the “10-day rule,” Lewis said she was “heartbroken” over the judge’s decision. “I feel frustrated because anyone in that courtroom would want more time just like I do if Tinslee were their baby,” she said.
The hospital said in a statement Thursday that in order to keep Tinslee alive, she’s on a constant stream of painkillers, sedatives and paralytics. She currently has severe sepsis, which isn’t uncommon when patients require deep sedation and chemical paralysis, it said.
“Even with the most extraordinary measures the medical team is taking, Tinslee continues to suffer,” the hospital said.
Efforts to find another facility to take her have been unsuccessful. The hospital said it has reached out to more than 20 facilities. Texas Right to Life and Protect TX Fragile Kids have also been trying to find a facility to take her.
Prior to Thursday’s ruling, both sides agreed that if Marion denied the injunction request, the hospital would wait at least seven days before taking Tinslee off life-support. In her decision, Marion said the seven-day period would give the girl’s mother time to file a notice of appeal and a motion for emergency relief with a state court of appeals.
Tinslee has been at Cook Children’s since her premature birth. The hospital said she has a rare heart defect and suffers from chronic lung disease and severe chronic high blood pressure. She hasn’t come off a ventilator since going into respiratory arrest in early July and requires full respiratory and cardiac support.
Lewis testified at a hearing last month that despite her daughter’s sedation, she has a sense of the girl’s likes and dislikes, describing her as “sassy.” She said Tinslee likes getting her nails done but doesn’t like having her hair brushed.
“I want to be the one to make the decision for her,” Lewis said about removing her daughter from life support.
At the hearing last month, Dr. Jay Duncan, one of Tinslee’s physicians, described the girl’s complex conditions and Cook Children’s efforts to treat her, which have included about seven surgeries. The cardiac intensive care doctor said that for the first five months of Tinslee’s life doctors had hope she might one day at least be able to go home.
But Duncan said there came a point when doctors determined they had run out of surgical and clinical options, and that treatment was no longer benefiting Tinslee. Duncan said last month that the girl would likely die within half a year, and noted the hospital has made “extraordinary” efforts to find another facility for her.
“She is in pain. Changing a diaper causes pain. Suctioning her breathing tube causes pain. Being on the ventilator causes pain,” he said.
Duncan said there had been “many, many” conversations with Tinslee’s family about her dire condition.
Tarrant County Juvenile Court Judge Alex Kim issued a temporary restraining order to stop the removal of life support on Nov. 10. But Kim was removed from the case after the hospital filed a motion questioning his impartiality and saying he had bypassed case-assignment rules to designate himself as the presiding judge.
After his removal, Judge Marion, who is chief justice of Texas’ Fourth Court of Appeals, was assigned to hear the request for an injunction in Tarrant County district court.
The case has become a rallying point for Republicans in Texas, with the attorney general stating his opposition to the “10-day rule” and GOP state Rep. Tan Parker saying it “doesn’t fit with Texas values.”
The 1999 law that shields from lawsuits doctors who follow the process of going through an ethics committee was crafted by a task force that included lawmakers, attorneys, doctors and anti-abortion groups. Supporters of the law passed when George W. Bush, a Republican, was governor include the Texas Alliance for Life, the Texas Catholic Conference of Bishops and the Texas Medical Association.
Supporters say the law provides a framework for doctors and hospitals to resolve differences and ensures that doctors can’t be forced to perform medical interventions that cause harm or suffering.
I have mixed emotions about this situation. “PAIN” is mentioned many times as the basis behind the decision and mentioned a few times of other meds – probably controlled substances – that she was receiving routinely.
It was not mentioned in this article but some others that I have read the current hospital had supposedly contact as many as 20 other hospital to take on the care of baby Tinslee going forward and none wanted to take on the care of this baby.
There is only a mention of Tinslee’s Mother in the picture… where is the Father ?
Is Trinity Lewis a single Mother ?
Is MONEY a underlying issue ? 11 months at $3000/day her care could hit ONE MILLION although most likely such high-touch, high-tech care could in the end the total cost to date could be multi millions.
No matter how this ends…. not everyone will be happy ….
Filed under: General Problems
I question everything where it comes to medical issues. Doctors and hospitals don’t tell the truth and don’t know everything. What has this mother been through to make her refuse? She doesn’t trust these doctors, nurses, social workers and whomever the hospital sends.
“she’s on a constant stream of painkillers, sedatives and paralytics. She currently has severe sepsis, which isn’t uncommon when patients require deep sedation and chemical paralysis, it said.”
The baby can’t tell anyone what she feels or thinks. We aren’t told what makes ordinary things cause this “terrible pain”.
Perhaps an independent evaluation, second opinions. I hope someone will come forward to look into things and help this mother out?
My Husband I both have orders that we do not want to live as “vegetables” if we end up on life support. We would like a brief time to verify that we are unable to sustain life and then pull the plug.
Unfortunately this is the equvelant to a newborn baby. Children are harder. although the Mom wants more time here, I personally could not cause a baby pain. This child has known nothing but pain. I am so glad I am not her Mom because I think I would let her go to God rather than be in so much pain. That would be a real act of love.
I agree with you nana, of course it would be extremely difficult to do this, however just knowing this child is suffering horribly is not an existence anyone would want to have to endure. I have instructed my family members the minute I go on life support with no hope of recovery pull the plug and let me go.
Thank you, David. It is easy to say that among yourselves about yourselves.
But to mention it about a child is more difficult. I was afraid saying it outloud to be printed would bring harsh words.
God Bless everyone involved.
My mom and step dad had to make that difficult decision with my 2 year old sister when I was 10 years old. My sister was very healthy until she came into contact with bacterial meningitis. She died within a span of four days I think it was. We took her to the ER in the middle of the night because she has a horribly high fever and was vomiting and her neck hurt. I think it was 24 to 48 hours later that she went code blue and from that point on needed life support. They said she would be a vegetable forever. My parents decided to pull the plug. I can’t imagine knowing pain was involved as well. With Jaime I don’t think she felt or really knew what was going on around her. They didn’t speak of her being in pain but just being vegetative forever. That was enough for us to know and if it was my child I would do the same. I remember them discussing it with me and I said I would want her with Jesus whole and healthy and happy instead. 10 year old me thought this and so does 43 year old me today. We are a pretty strong Christian family and know that Jesus has our backs and we will see her again, but that pain is haunting and I still can’t imagine if I had to make that decision myself. I know I come from strong stuff (my mom has lost two children and I’m the last one standing with my own health issues) and she’s a rock still, but when it’s your own child, no thank you, bad enough it was my baby sis. This is one of the worst decisions I think anyone should never have to make. But Steve’s questions make me wonder about the case, is it money? Or truly a condition that no one has ever come back from? I would be curious to know more details. Its hard to say without knowing all the aspects and without being a doctor myself but no matter what it is it’s a terribly sad situation and my heart goes out to the loved ones.