AUSTIN, TEXAS---Lawyers for the mother of "Little Emilio" Gonzales, a 16-month-old baby boy who physicians say is dying of Leigh's Disease, filed a temporary restraining order request Tuesday against the Seton Family of Hospitals in an effort to stay the "death by vote" edict imposed by the ethics committee of Children's Hospital.

The life of the toddler has been deemed "futile" and under Texas' Futile Care Law, they say they will end all treatment as of Friday, March 23, meaning that it's likely, within hours, Emilio will die.

Attorneys Jerri Ward and Josuha Carden who represent the baby's mother, 23-year-old Catarina Gonzales, conducted a press conference Tuesday outside the Travis County Courthouse after appearing before a judge in their efforts to stop doctors from ending the baby's life support.

Their legal action also challenges the constitutionality of the Futile Care Law.

A hearing is set for Wednesday morning which could be avoided if the hospital decided on its own without court intervention to extend the 10-day time limit.

"This is a no-brainer. The Children's Hospital of Austin needs to do the right thing and focus on the getting little Emilio the treatment he needs to live," said Jerri Ward, the attorney representing the family. "Unfortunately, the Children's Hospital of Austin betrayed little Emilio when their so-called 'ethics' committee voted that his life was 'futile.' What little Emilio needs from this hospital is medical assistance from doctors, not a death sentence by amateur philosophers."

On Dec. 28, 2006, Emilio's mother brought him to the pediatric intensive care unit at Children's Hospital. Though unsure in their diagnosis, doctors believe the boy has Leigh's Disease, rare neurometabolic disorder that is treated primarily through vitamin therapy. But on March 12, a hospital ethics committee voted behind closed doors to end Emilio's treatment, deeming his life "futile."

Under Texas law, a hospital can override a family's and patient's wishes but must wait 10 days before discontinuing treatment, to allow for a transfer to another hospital willing to admit the patient. But because of hospital bureaucracy and extensive paperwork, a successful transfer may not occur in time to save Emilio's life. The hospital will cease Emilio's breathing and vitamin therapy Friday, and without the treatments, the boy will likely die in a matter of hours.

An outside nurse reviewing Emilio's records noticed that the hospital had removed the boy's vitamin treatments during the 10-day period, bringing up fears among some that the hospital could be rushing to end the toddler's life to avoid discovery of malpractice in the boy's treatment. The child is on a respirator.

Ward and Carden filed a temporary restraining order to allow Emilio to receive his treatments while his case moves forward.

"I don't know the hospital officials want to free up a hospital bed or cut costs by not administering treatment, or whether they just believe that they should be the final arbiters as to whose life is worth living, but the life of a child far outweighs such concerns," said Ward. "Whatever the reasons for the hospital officials' mad dash to end this child's life, little Emilio should not be subject to 'death by vote'".

Doctors claim that while he is not brain-dead, there is no hope of recovery and that he appears to be suffering from the treatments.

So far, efforts to find another facility to which Emilio could be transferred have been futile.

Ward has also filed a complaint with the U.S. Office of Civil Rights contending that the hospital is discriminating against Emilio by denying him certain care because he is disabled by Leigh's Disease.

The issue of the Futile Care Law is currently before Texas legislators who were expected to discuss Emilio on Tuesday. Lawmakers seek to amend the law to require doctors to treat patients until a transfer can be effected but a Seton spokesperson said that sometimes, transfers can't be found for some patients.

Ward says that under the Texas law, 10 days is not enough time to find another hospital. There is an opening at a Cleveland hospital but the hospital has not yet agreed to take Emilio.

The TRO would give Emilio's mother and her attorneys more time. The declaratory action filed Tuesday by Gonzales and her attorneys would declare the Futile Care law unconstitutional under the Texas Constitution.

Michael Regier, chief legal counsel for Seton Hospital says they are assisting the family in trying to locate a hospital to which they can transfer Emilio. Regier said that no family had ever challenged the statute before and no other family had ever challenged the hospital's actions under the Futile Care Law. http://www.northcountrygazette.org/articles/2007/031807SavingEmilio.html
3-20-07

© 2007 North Country Gazette