Saturday, April 19, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Judge: Remove life support for pregnant woman

FORT WORTH, Texas — A judge on Friday ordered a Texas hospital to remove life support for a pregnant, brain-dead woman whose family had argued that she would not want to be kept in that condition.

Judge R. H. Wallace Jr. issued the ruling in the case of Marlise Munoz. John Peter Smith Hospital in Fort Worth has been keeping Munoz on life support against her family’s wishes. The judge gave the hospital until 5 p.m. CST Monday to remove life support. The hospital did not immediately say Friday whether it would appeal.

Munoz was 14 weeks pregnant when her husband, Erick Munoz, found her unconscious Nov. 26, possibly due to a blood clot. Both the hospital and the family agree that she meets the criteria to be considered brain-dead – which means she is dead both medically and under Texas law – and that the fetus could not be born alive at this point.

But the hospital had not pronounced her dead and continues to treat her over the objections of both Erick Munoz and her parents, who sat together in court Friday.

“Mrs. Munoz is dead,” Wallace said in issuing his ruling, adding that meant the hospital was misapplying a state law that prohibits the removal of life-sustaining treatment from a pregnant patient.

Larry Thompson, a state’s attorney representing the public hospital, had told the judge the hospital had a legal responsibility to protect the unborn fetus.

“There is a life involved, and the life is the unborn child,” Thompson said.

But Jessica Hall Janicek and Heather King, Erick Munoz’s attorneys, accused the hospital of conducting a “science experiment” and warned of the dangerous precedent her case could set, raising the specter of special ICUs for brain-dead women carrying babies.

“There is an infant, and a dead person serving as a dysfunctional incubator,” King said.

Erick Munoz said he and his wife are paramedics who were clear that they didn’t want life support in this type of situation. Her parents agreed. He declined to comment as he left the courtroom, and King and Janicek did not say what they would do next, pending a potential appeal by the hospital.

The hospital said in a statement Friday that it “appreciates the potential impact of the consequences of the order on all parties involved” and was deciding whether to appeal.

The case has raised questions about end-of-life care and whether a pregnant woman who is considered legally and medically dead should be kept on life support for the sake of a fetus. It also has gripped attention on both sides of the abortion debate, with anti-abortion groups arguing Munoz’s fetus deserves a chance to be born. Several anti-abortion advocates attended Friday’s hearing.

Hospital officials have said they were bound by the Texas Advance Directives Act, which prohibits withdrawal of treatment from a pregnant patient. Several experts interviewed by The Associated Press, including two who helped draft the legislation, have said the hospital is misapplying the law because Marlise Munoz would be considered legally and medically dead.

“Marlise Munoz is dead, and she gave clear instructions to her husband and family – Marlise was not to remain on any type of artificial ‘life sustaining treatment’, ventilators or the like,” the lawsuit said. “There is no reason JPS should be allowed to continue treatment on Marlise Munoz’s dead body, and this Court should order JPS to immediately discontinue such.”

Earlier this week, Erick Munoz’s attorneys said that the fetus, now believed to be at about 22 weeks’ gestation, is “distinctly abnormal.” They attorneys said they based that statement on medical records they received from the hospital.

The hospital argued in a court filing Thursday that there was little evidence of what state lawmakers and courts thought of this issue, but recent laws passed by the Republican-controlled Legislature to restrict abortion made it clear that they wanted to preserve a fetus’ rights.

The Advance Directives Act “must convey legislative intent to protect the unborn child,” the hospital said in its filing. “Otherwise the Legislature would have simply allowed a pregnant patient to decide to let her life, and the life of her unborn child, end.”

Not much is known about fetal survival when mothers suffer brain death during pregnancy. German doctors who searched for such cases found 30 of them in nearly 30 years, according to an article published in the journal BMC Medicine in 2010.

Those mothers were further along in pregnancy – 22 weeks on average – when brain death occurred than in the Texas case. Birth results were available for 19 cases. In 12, a viable child was born. Follow-up results were available for six, all of whom developed normally.

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

Solano unemployment inches downward

By Barry Eberling | From Page: A1

 
Transplant recipients talk about their best gifts

By Amy Maginnis-Honey | From Page: A1 | Gallery

 
Implementing Common Core: A work in progress

By Mayrene Bates | From Page: A2

Police release name of woman found dead in Fairfield canal

By Ryan McCarthy | From Page: A3 | Gallery

 
Spering, Bertani spar over fighting crime

By Ryan McCarthy | From Page: A3, 5 Comments | Gallery

 
Fairfield council candidates weigh in on crime

By Ryan McCarthy | From Page: A3 | Gallery

 
Jury acquits substitute teacher in child abuse case

By Jess Sullivan | From Page: A4

 
Five homes featured on Symphony Home Tour

By Amy Maginnis-Honey | From Page: A4

Congregation invites public to Easter music, message

By Amy Maginnis-Honey | From Page: A4

 
 
Local woman helps spread Easter joy

By Amy Maginnis-Honey | From Page: B12 | Gallery

Weather for April 19, 2014

By Daily Republic | From Page: B13

 
.

US / World

California farmers to get more water

By The Associated Press | From Page: A1

 
Teen sentenced in Oakland toddler’s killing

By The Associated Press | From Page: A4

More Latino than white students admitted to UC

By The Associated Press | From Page: A4

 
PG&E to be arraigned in fatal pipeline blast

By The Associated Press | From Page: A5

Mom and son who died in San Francisco fire ID’d

By The Associated Press | From Page: A5

 
3 alleged gang members convicted of murder

By The Associated Press | From Page: A5

Health care site flagged in Heartbleed review

By The Associated Press | From Page: A5

 
From Clinton to Obama, many parallels

By The Associated Press | From Page: A5

Study: Half of jailed NYC youths have brain injury

By The Associated Press | From Page: A5

 
Easter on 4/20, pot holy day; pastors reach out

By The Associated Press | From Page: A8

Colorado deaths stoke worries about pot edibles

By The Associated Press | From Page: A8

 
NASA’s moon-orbiting robot crashes down as planned

By The Associated Press | From Page: A8

Atheist national conference aims at Mormon church

By The Associated Press | From Page: A8

 
White House updating online privacy policy

By The Associated Press | From Page: A9

SpaceX making Easter delivery of station supplies

By The Associated Press | From Page: A9

 
Sudden movement raises alarm in Wyoming slide area

By The Associated Press | From Page: A9

Some countries get Obama, but want his wife, too

By The Associated Press | From Page: A9

 
Man who avoided prison is overwhelmed by support

By The Associated Press | From Page: A9

Teen suspended for asking Miss America to prom

By The Associated Press | From Page: A9

 
In Egypt, a corruption watchdog hit by backlash

By The Associated Press | From Page: A12

Military scales down, modifies Guam buildup plan

By The Associated Press | From Page: A13

 
Captain of sunken SKorean ferry arrested

By The Associated Press | From Page: A13

Avalanche sweeps down Everest, killing at least 12

By The Associated Press | From Page: A13

 
Diplomacy doesn’t move insurgents in Ukraine

By The Associated Press | From Page: A14

Magnitude-7.2 earthquake shakes Mexican capital

By The Associated Press | From Page: A14

 
57-nation OSCE plays key Ukraine monitoring role

By The Associated Press | From Page: A14

Ukraine crisis: The turning points

By The Associated Press | From Page: A14

 
.

Opinion

Cheers, jeers for the week of April 13-19, 2014

By Daily Republic | From Page: A11

 
Time to fix a law the courts have mucked up

By Thomas Elias | From Page: A11

Editorial Cartoons for April 19, 2014

By Daily Republic Syndicated Content | From Page: A11

 
Here we go again in Sacramento

By Letter to the Editor | From Page: A11

 
.

Living

Today in History for April 19, 2014

By The Associated Press | From Page: A2

 
Community Calendar: April 19, 2014

By Susan Hiland | From Page: A2

Seniors, it’s never too late to do something about your health

By Kathy Mitchell and Marcy Sugar | From Page: B7

 
Horoscopes for April 19, 2014

By Holiday Mathis | From Page: B7

.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: B10

 
Prince reaches agreement with music label

By The Associated Press | From Page: B14

‘The Boondocks’ back for final ‘offensive’ season

By The Associated Press | From Page: B14

 
A nutty finale for ‘Scandal,’ TV’s craziest show

By The Associated Press | From Page: B14

Stratocaster still a favorite at 60

By The Associated Press | From Page: B14

 
.

Sports

Hertl has impressive playoff debut for Sharks

By The Associated Press | From Page: B1

 
Warriors and Clippers take dislike to playoffs

By The Associated Press | From Page: B1

Big innings lift Mustangs over Indians

By Paul Farmer | From Page: B1 | Gallery

 
Ross, Padres beat Cain and Giants 2-1

By The Associated Press | From Page: B1 | Gallery

A’s come out swinging to beat Astros 11-3

By The Associated Press | From Page: B1

 
Warriors to start O’Neal for Bogut vs. Clippers

By The Associated Press | From Page: B1

Avalanche sweeps down Everest, killing at least 12

By The Associated Press | From Page: B2

 
Mets trade 1B Ike Davis to Pirates

By The Associated Press | From Page: B2

TNT’s Sager to miss NBA playoffs due to leukemia

By The Associated Press | From Page: B2

 
Nadal ousted by Ferrer in Monte Carlo quarters

By The Associated Press | From Page: B2 | Gallery

A’s lefty reliever Doolittle gets 5-year deal

By The Associated Press | From Page: B2 | Gallery

 
’40-and-up club’: Ageless Hopkins after more belts

By The Associated Press | From Page: B2

Jimenez shoots 65 to lead Greater Gwinnett field

By The Associated Press | From Page: B2

 
Solano scores in ninth for 2-1 BVC baseball win over Yuba

By Daily Republic staff | From Page: B2

Choi leads rain-delayed RBC Heritage

By The Associated Press | From Page: B2 | Gallery

 
NBA’s Silver wants age limit change, no rush on others

By The Associated Press | From Page: B2

NBA playoffs looking more wide-open than expected

By The Associated Press | From Page: B2

 
Source: Grizzlies’ G Calathes suspended for 20 games

By The Associated Press | From Page: B2

.

Business

5 features an Amazon phone might offer

By The Associated Press | From Page: B10

 
Judge says American can’t end retiree benefits yet

By The Associated Press | From Page: B10

Mazda recalls 109,000 older SUVs for rust problem

By The Associated Press | From Page: B10

 
.

Obituaries

Sealwyn Shirley Brucefield Shepherd Malkiewicz

By Nancy Green | From Page: A4

 
.

Comics

Frank and Ernest

By Daily Republic Syndicated Content | From Page: B6

 
Get Fuzzy

By Daily Republic Syndicated Content | From Page: B6

Peanuts

By Daily Republic Syndicated Content | From Page: B6

 
Sally Forth

By Daily Republic Syndicated Content | From Page: B6

For Better or Worse

By Daily Republic Syndicated Content | From Page: B6

 
Beetle Bailey

By Daily Republic Syndicated Content | From Page: B6

Rose is Rose

By Daily Republic Syndicated Content | From Page: B6

 
B.C.

By Daily Republic Syndicated Content | From Page: B6

Baby Blues

By Daily Republic Syndicated Content | From Page: B6

 
Pickles

By Daily Republic Syndicated Content | From Page: B6

Baldo

By Daily Republic Syndicated Content | From Page: B6

 
Blondie

By Daily Republic Syndicated Content | From Page: B6

Dilbert

By Daily Republic Syndicated Content | From Page: B6

 
Wizard of Id

By Daily Republic Syndicated Content | From Page: B6

Zits

By Daily Republic Syndicated Content | From Page: B6

 
Garfield

By Daily Republic Syndicated Content | From Page: B6

Word Sleuth

By Daily Republic Syndicated Content | From Page: B7

 
Sudoku

By Daily Republic Syndicated Content | From Page: B7

Bridge

By Daily Republic Syndicated Content | From Page: B7

 
Cryptoquote

By Daily Republic Syndicated Content | From Page: B7

Crossword

By Daily Republic Syndicated Content | From Page: B7

 
.

Home Seller 04/19/14

Summerwood features 8 new homes in Suisun

By Daily Republic | From Page: HSR2

Real estate transactions for April 19, 2014

By Daily Republic | From Page: HSR3

Average US 30-year mortgage rate falls to 4.27 percent

By The Associated Press | From Page: HSR3