Patrick Craine

As U.S. groups rush to aid baby Joseph, lawyers seek to broker deal

Patrick Craine
Patrick Craine
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To join a Facebook page in support of the parents of Joseph Maraachli, click here.

Note: This article originally stated that the Maraachli family would be pursuing an appeal of last week’s court decision. However, there was a last minute change prior to this afternoon’s press conference, and now the lawyer for the family will be seeking to broker a deal with the hospital rather than filing an appeal.

LONDON, Ontario, February 24, 2011 (LifeSiteNews.com) - The family of dying one-year-old Joseph Maraachli, whose hospital is seeking to remove his life support against his parents’ wishes, announced this afternoon that their lawyer is working to broker a deal with the hospital.

The legal fees covered by Euthanasia Prevention Coalition are mounting quickly.

To make a donation to cover the legal costs please click here.

At the same time, the case is drawing attention from major pro-life and anti-euthanasia groups in the U.S. who hope to find a hospital willing to take over Joseph’s care.

Bobby Schindler, executive director of the Terri Schiavo Life & Hope Network, traveled to Ontario Thursday by invitation from the family to advocate for Joseph.  “We’re educating ourselves about what’s going on and maybe ways that we can help the family in their plight,” he said.

Schindler told LifeSiteNews that he is struck by the “similarities” with the case of his sister Terri Schindler Schiavo, who was starved to death by her husband’s wish in 2005, despite impassioned pleas from her family, political leaders, and a horrified public.  Terri had suffered brain damage from an accident ten years before, and was conscious, able to breathe on her own, and required nothing but a feeding tube to receive food and hydration.

“The family wants to bring their baby home and they’re being denied,” he explained.  “That’s what our family - we were fighting for the same thing, really.  To bring Terri home and to care for her and show her the compassion that really only a family can do.”

In a statement, the Terri Schiavo Life and Hope Network said “it is unacceptable for Canadian Health Allocation Officials and/or the Canadian Government to make decisions for baby Joseph and his family.”

“Every patient, regardless of age, has a right to proper and dignified health care. It is frightening to once again see government usurp the God given rights of parents to love and care for their child at home,” it added.

Schindler was joined on the trip by Rev. Pat Mahoney, director of the Christian Defense Coalition in Washington, D.C., who called Joseph’s case a “human rights issue.”

“We’re going to be working with thousands of activists and organizations in America to try to get baby Joseph into a hospital in the United States,” he said.

He said they’re also trying to get the family legal assistance, and have connected them with the American Center for Law and Justice, which has won 13 cases at the U.S. Supreme Court.

“This is an issue that goes to family, this is an issue about who decides at the end of life issues, and we clearly believe that should be with the family, with the parents,” he told LifeSiteNews.  “So we’re here to support them, we’re here to stand with them, and we’re here to encourage them.”

Sam Sansalone, a spokesman for the family, informed LifeSiteNews that they are working with U.S. pro-life groups about the possibility of getting Joseph’s family refugee status in the U.S.  They’ve also been contacted by concerned citizens in New York who have begun looking for a hospital in that state that would take Joseph in.

The family was planning today to appeal last Thursday’s decision by Ontario Superior Court Justice Helen Rady, which upheld the January verdict of the Consent and Capacity Board of Ontario that supported the doctors’ move to take Joseph off life support.  But they said at a press conference this afternoon that the lines of communication have opened and now leaders will meet Thursday in an effort to find a middle ground.

The hospital had appeared set to remove Joseph’s life support on Monday at 10 a.m., but that got delayed when the family hired expert lawyer Mark Handelman over the weekend with the financial support of the Euthanasia Prevention Coalition.

Justice Rady’s decision was based on doctors’ testimony that he is in a permanent vegetative state with no brain stem reflex.  But the family says that footage released Thursday by LifeSiteNews belies the doctors’ claim.  The videos, taken over the weekend, show him flailing and being tickled.  They also show that his hands have been tied down - a measure the hospital took after Joseph removed the tube from his throat on at least two separate occasions.

Joseph suffers from a severe neurological disorder, but his specific condition remains undiagnosed.  Doctors have given him no chance of recovery, so his parents, Moe Maraachli and Sana Nader, have asked them to perform a tracheotomy which would enable him to breathe on his own, so that they could take him home.  The doctors have refused, saying the procedure is too risky.

Their daughter died from similar complications eight years ago, but in that case doctors performed a tracheotomy and they were able to take her home.

The family has been trying to have Joseph transferred to a hospital in the U.S., where they believe he’ll get better care or at least a reassessment, and possibly the tracheotomy they need to bring him home. 

The family has also expressed concerns that hospital security is following them around and denying them private visitations with Joseph.

On Tuesday, Children’s Hospital of Michigan in Detroit, where the family had hoped to have Joseph transferred, refused to take him despite previous assurances that they would.  The family says, however, that they are far from out of options.

The clock is ticking for the family, however, as Joseph’s current hospital has asked Ontario’s Office of the Public Guardian to assume decision-making power after the family refused to have Joseph’s life support removed on Monday.  The public guardian could order it removed at any point.

Alex Schadenberg, executive director of the Euthanasia Prevention Coalition, warned in a Fox news interview that the court decision facilitates a system where doctors are authorized to force life and death decisions on patients.  He has said he believes it is far worse than the “death panels” recently debated in the U.S. as part of the federal health care law.

“It’s the hospitals and the doctors once again usurping their power over the people,” he said.  “That’s what’s happening.  And they have significant power - they have the money and the courts behind them.  It’s absolutely ridiculous.”

Over 9,000 people have rallied behind the parents through the Facebook page “Save baby Joseph”.

To make a donation to cover the legal costs please click here.

To join a Facebook page in support of the parents of Joseph Maraachli, click here.

Three more related LifeSiteNews stories:
Detroit hospital refuses Baby Joseph, but family still optimistic
EXCLUSIVE: Videos show ‘vegetable’ Baby Joseph reacting to parents
Parents of dying one-year-old fight hospital, courts to bring son home


Contact Information:

Bonnie Adamson
President and CEO, London Health Sciences Centre
800 Commissioners Road East
London, Ontario Canada N6A 5W9
Phone: 519-685-8462
E-mail: [email protected]

Dalton McGuinty, Premier
Legislative Building
Queen’s Park
Toronto ON M7A 1A1
Fax: (416) 325-3745
E-mail: Use this form.

Tim Hudak, Opposition Leader
The Ontario PC Party
19 Duncan Street
Suite 401
Toronto, ON M5H 3H1
Phone: 416-861-0020
Toll-free: 1-800-903-6453
Fax: 416-861-9593
Email: [email protected]

See Composing Effective Communications in Response to LifeSiteNews Reports.

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Newsbusters Staff

,

Disney ABC embraces X-rated anti-Christian bigot Dan Savage in new prime time show

Newsbusters Staff
By

March 30, 2015 (NewsBusters.org) -- Media Research Center (MRC) and Family Research Council (FRC) are launching a joint national campaign to educate the public about a Disney ABC sitcom pilot based on the life of bigoted activist Dan Savage. MRC and FRC contacted Ben Sherwood, president of Disney/ABC Television Group, more than two weeks ago urging him to put a stop to this atrocity but received no response. [Read the full letter]

A perusal of Dan Savage’s work reveals a career built on advocating violence — even murder — and spewing hatred against people of faith. Savage has spared no one with whom he disagrees from his vitriolic hate speech. Despite his extremism, vulgarity, and unabashed encouragement of dangerous sexual practices, Disney ABC is moving forward with this show, disgustingly titled “Family of the Year.”

Media Research Center President Brent Bozell reacts:

“Disney ABC’s decision to effectively advance Dan Savage’s calls for violence against conservatives and his extremist attacks against people of faith, particularly evangelicals and Catholics, is appalling and outrageous. If hate speech were a crime, this man would be charged with a felony. Disney ABC giving Dan Savage a platform for his anti-religious bigotry is mind-boggling and their silence is deafening.

“By creating a pilot based on the life of this hatemonger and bringing him on as a producer, Disney ABC is sending a signal that they endorse Dan Savage’s wish that a man be murdered. He has stated, ‘Carl Romanelli should be dragged behind a pickup truck until there’s nothing left but the rope.’ ABC knows this. We told them explicitly.

“If the production of ‘Family of the Year’ is allowed to continue, not just Christians but all people of goodwill can only surmise that the company Walt Disney created is endorsing violence.”

Family Research Council President Tony Perkins reacts:

“Does ABC really want to produce a pilot show based on a vile bully like Dan Savage?  Do Dan Savage’s over-the top-obscenity, intimidation of teenagers and even violent rhetoric reflect the values of Disney?  Partnering with Dan Savage and endorsing his x-rated message will be abandoning the wholesome values that have attracted millions of families to Walt Disney.”

Dan Savage has made numerous comments about conservatives, evangelicals, and Catholics that offend basic standards of decency. They include:

  • Proclaiming that he sometimes thinks about “f****ing the shit out of” Senator Rick Santorum

  • Calling for Christians at a high school conference to “ignore the bull**** in the Bible”

  • Saying that “the only thing that stands between my d*** and Brad Pitt’s mouth is a piece of paper” when expressing his feelings on Pope Benedict’s opposition to gay marriage

  • Promoting marital infidelity

  • Saying “Carl Romanelli should be dragged behind a pickup truck until there’s nothing left but the rope.”

  • Telling Bill Maher that he wished Republicans “were all f***ing dead”

  • Telling Dr. Ben Carson to “suck my d***. Name the time and place and I’ll bring my d*** and a camera crew and you can s*** me off and win the argument.”

Reprinted with permission from Newsbusters

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Jacqueline Harvey

Ending the end-of-life impasse: Texas is poised to ban doctor-imposed death by starvation

Jacqueline Harvey
By Jacqueline Harvey

AUSTIN, Texas, March 30, 2015 (TexasInsider.org)  After five consecutive sessions of bitter battles over end-of-life bills, the Texas Legislature is finally poised to pass the first reform to the Texas Advance Directives Act (TADA) in 12 years. An issue that created uncanny adversaries out of natural allies, and equally odd bedfellows, has finally found common ground in H.B. 3074 by State Rep. Drew Springer.  

H.B. 3074 simply prohibits doctor-imposed euthanasia by starvation and dehydration.

Since H.B. 3074 includes only those provisions and language that all major organizations are on record as having deemed acceptable in previous legislative sessions, there is finally hope of ending the end-of-life impasse in the Texas Capitol.

Many would be surprised to learn that Texas law allows physicians to forcibly remove a feeding tube against the will of the patient and their family. In fact, there is a greater legal penalty for failing to feed or water an animal than for a hospital to deny a human being food and water through a tube.

This is because there is no penalty whatsoever for a healthcare provider who wishes to deny artificially-administered nutrition and hydration (AANH). According to Texas Health and Safety Code, “every living dumb creature” is legally entitled access to suitable food and water.

Denying an animal food and water, like in this January case in San Antonio, is punishable by civil fines up to $10,000 and criminal penalties up to two years in jail per offense. Yet Texas law allows health care providers to forcibly deny food and water from human beings – what they would not be able to legally do to their housecat. And healthcare providers are immune from civil and criminal penalties for denial of food and water to human beings as long as they follow the current statutory process which is sorely lacking in safeguards.

Therefore, while it is surprising that Texas has the only state law that explicitly mentions food and water delivered artificially for the purpose of completely permitting its forced denial (the other six states mention AANH explicitly for the opposite purpose, to limit or prohibit its refusal), it is not at all surprising that the issue of protecting a patient’s right to food and water is perhaps the one point of consensus across all major stakeholders.

H.B. 3074 is the first TADA reform bill to include only this provision that is agreed upon across all major players in previous legislative sessions.

There are irreconcilable ideological differences between two major right-to-life organizations that should supposedly be like-minded: Texas Alliance for Life and Texas Right to Life. Each faction (along with their respective allies) have previously sponsored broad and ambitious bills to either preserve but reform the current law (Texas Alliance for Life’s position) or overturn it altogether as Texas Right to Life aims to do.

Prior to H.B. 3074, bills filed by major advocacy organizations have often included AANH, but also a host of other provisions that were so contentious and unacceptable to other organizations that each bill ultimately died, and this mutually-agreed-upon and vital reform always died along with it.

2011 & 2013 Legislative Sessions present prime example

This 2011 media report shows the clear consensus on need for legislation to simply address the need to protect patients’ rights to food and water:

“Hughes [bill sponsor for Texas Right to Life] has widespread support for one of his bill’s goals: making food and water a necessary part of treatment and not something that can be discontinued, unless providing it would harm the patient.”

Nonetheless, in 2013, both organizations and their allies filed complicated, contentious opposing bills, both of which would have protected a patient’s right to food and water but each bill also included provisions the rival group saw as contrary to their goals. Both bills were ultimately defeated and neither group was able to achieve protections for patients at risk of forced starvation and dehydration – a mutual goal that could have been met through a third, narrow bill like H.B. 3074.

H.B. 3074 finally focuses on what unites the organizations involved rather than what divides them, since these differences have resulted in a 12 year standoff with no progress whatsoever.

H.B. 3074 is progress that is pre-negotiated and pre-approved.

It is not a fertile springboard for negotiations on an area of mutual agreement. Rather it is the culmination of years of previous negotiations on bills that all came too late, either due to the complexnature of rival bills, the controversy involved, or even both.

On the contrary, H.B. 3074 is not just simply an area of agreement; moreover, it is has already been negotiated. It should not be stymied by disagreements on language, since Texas Alliance for Life and Texas Right to Life (along with their allies) were able to agree on language in 2007 with C.S.S.B. 439. C.S.S.B. 439 reads that, unlike the status quo that places no legal conditions on when food and water may be withdrawn, it would be permitted for those in a terminal condition if,

“reasonable medical evidence indicates the provision of artificial nutrition and hydration may hasten the patient’s death or seriously exacerbate other major medical problems and the risk of serious medical pain or discomfort that cannot be alleviated based on reasonable medical judgment outweighs the benefit of continued artificial nutrition and hydration.”

This language is strikingly similar to H.B. 3074 which states, “except that artificially administered nutrition and hydration must be provided unless, based on reasonable medical judgment, providingartificially administered nutrition and hydration would:

  1. Hasten the patient’s death;
  2. Seriously exacerbate other major medical problems not outweighed by the benefit of the provision of the treatment;
  3. Result in substantial irremediable physical pain, suffering, or discomfort not outweighed by the benefit of the provision of the treatment;
  4. Be medically ineffective; or
  5. Be contrary to the patient’s clearly stated desire not to receive artificially administered nutrition or hydration.”

With minimal exceptions (the explicit mention of the word terminal, the issue of medical effectiveness and the patient’s right to refuse), the language is virtually identical, and in 2007 Texas Right to Life affirmed this language as clarifying that “ANH can only be withdrawn if the risk of providing ANH is greater than the benefit of continuing it.”

Texas Right to Life would support the language in H.B. 3074 that already has Texas Alliance for Life’s endorsement. Any reconciliation on the minor differences in language would therefore be minimal and could be made by either side, but ultimately, both sides and their allies would gain a huge victory – the first victory in 12 years on this vital issue.

It seems that the Texas Advance Directive Act, even among its sympathizers, has something for everyone to oppose.

The passage of H.B. 3074 and the legal restoration of rights to feeding tubes for Texas patients will not begin to satisfy critics of the Texas Advance Directives Act who desire much greater changes to the law and will assuredly continue to pursue them. H.B. 3074 in no way marks the end for healthcare reform, but perhaps a shift from the belief that anything short of sweeping changes is an endorsement of the status quo.

Rather, we can look at H.B. 3074 as breaking a barrier and indicating larger changes are possible.

And if nothing else, by passing H.B. 3074 introduced by State Rep. Drew Springer, we afford human beings in Texas the same legal access to food and water that we give to our horses. What is cruel to do to an animal remains legal to do to humans in Texas if organizations continue to insist on the whole of their agenda rather than agreeing to smaller bills like H.B. 3074.

The question is, can twelve years of bad blood and bickering be set aside for even this most noble of causes?

Reprinted from TexasInsider.org with the author's permission. 

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John-Henry Westen John-Henry Westen Follow John-Henry
By John-Henry Westen

I can’t believe how quickly our annual Spring campaign has flown by. Now,with only 3 days remaining, we still have $96,000 left to raise to meet our absolute minimum goal.

That’s why I must challenge you to stop everything, right now, and make a donation of whatever amount you can afford to support the pro-life and pro-family investigative reporting of LifeSite!

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For 17 years, we have relied almost exclusively on the donations of our growing army of everyday readers like you: readers who are tired of the anti-life and anti-family bias of the mainstream media, and who are looking for a different kind of news agency.

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Since our humble beginnings in the late 90s, LifeSite has gone from a small non-profit to an international force in the battle for life and family, read by over 5 million people every month

This is thanks only to the leaders, activists, and ordinary readers just like you who have recognized the importance truth plays in turning the tides of the Culture.

I want to thank the many readers who helped bring us within striking distance of our minimum goal with their donations over the weekend. 

But though we have made great strides in the past few days, we still need many more donations if we are going to have any hope of making it all the way by April 1st.

In these final, anxious days of our quarterly campaigns, I am always tempted to give in to fear, imagining what will happen if we don’t reach our goal.

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