AUSTIN, TEX---There's been yet another reprieve in the death sentence of 17-month old Emilio Gonzales who has been sentenced to die under the state's Futile Care Law by Children's Hospital, operated by the Seton Family of Hospitals.

Jody Helman, an Austin attorney, a guardian ad litem appointed by a probate court earlier this month to represent the best interests of the toddler was to have presented evidence at a hearing Thursday, April 19, but that hearing has now been postponed until May 8 in order to give the GAL more time to review the case and make recommendations.

Travis County Probate Court Judge Guy Herman is not expected to issue a decision in the case until at least May 15.

The life of the toddler, who is believed to have Leigh's Disease, a degenerative neurological illness, has been deemed "futile" and under Texas' Futile Care Law, Children's Hospital has been threatening since March to remove the toddler's life support after the hospital ethics committee decided it was "futile" to continue treatment. Attorneys for the toddler's mother, Catarina Gonzales, 23, had filed for a temporary restraining order in March requiring the hospital to continue the child's treatment which consists of vitamin therapy, a respirator and feeding tube but on March 20, the hospital voluntarily agreed to continue treatment until April 10.

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. Emilio's mother contested the hospital's decision.

The family's attorneys continue to seek another hospital to which the toddler can be transferred to continue his care but it is extremely difficult to find another health care facility once the toddler was labeled terminal and "futile" by the hospital ethics committee.

The family's attorney, Jerri Ward said that they are still pursuing leads on other hospitals where the toddler can be transferred.

"I'm very happy about this extension because my time can be used to work on a transfer rather than preparing for a hearing", Austin attorney Jerri Ward said. "Our goal is to do everything we can to save Emilio."

The toddler needs a tracheotomy in order to be removed to another hospital but Children's Hospital is refusing to perform the procedure. Without it, he cannot be moved. Medical professionals who can help Emilio are asked to contact the family's attorney, Jerri Ward at jward@garloward.com. 4-19-07

© 2007 North Country Gazette