Editor's note. The input from readers I've received lately has been very helpful. You can respond at daveandrusko@hotmail.com

First, the very good news. A Texas hospital has agreed not to withdraw life support from 16-month-old Emilio Gonzales until April 10. This gives his family a chance to find another hospital which, hopefully, will accept the child.

The very bad news is that Texas--"ground zero for the futile care movement," in bioethicist Wesley Smith's arresting phrase--can be expected to produce more of these egregious cases until and unless hospital ethics committees no longer possess the unchecked power to vote to withdraw treatment from patients and give families only ten days to find a new hospital to provide care.

Emilio's case intersects with an ongoing battle in Texas to pass a bill that "prohibit hospitals from stopping life-sustaining treatment while a family pursues a transfer or other care," according to the Associated Press (AP). Hospitals have this unfettered power, thanks to the 1999 Texas Futile Care law which is under increased attack by disability rights groups, patient advocacy organizations, and Texas Right to Life, an affiliate of National Right to Life.

The decision by doctors at Children's Hospital in Austin came only hours after Emilio's mother, Catarina Gonzales, testified in favor of the bill at the state Capitol. The turnabout also came hours after attorneys for the child filed a temporary restraining order request to prevent removal of his life support. Doctors were going to remove the child from the ventilator this Friday.

Jerri Ward, the Gonzales family attorney, told Smith that the infant has been diagnosed with Leigh's disease, which, Smith writes, "requires breathing and vitamin therapy. People with Leigh's disease have a limited life expectancy, generally 6 or 7 years, but can live longer. Little Emilio is 16 months old."

According to published accounts, it was a week ago last Monday that Catarina Gonzales was told by the hospital ethics committee that the child's life support would be removed because, in its view, it was "medically futile" to keep Emilio alive. The family was given ten days to find a hospital that would accept the child. Emilio has been at the hospital since last December.

Diane Coleman, president of the disability rights group, "Not Dead Yet," told North County Gazette, "Emilio's use of a ventilator lacks 'dignity' and merely 'prolongs death,' according to the ethics committee at Children's Hospital. As president of this national group, I can tell you that the nation has been watching Texas for some time with increasing alarm."

If you have any comments or questions, please write Dave Andrusko at daveandrusko@hotmail.com

Part Two