The court-appointed guardian for a 17-month-old, terminally ill infant on life support wrote in newly released legal documents that the child does not have a constitutional right to life-sustaining treatment.
Attorney Jody Helman was appointed by Probate Judge Guy Herman to mitigate any conflict of interest presented by the baby's mother or the defendants, a group of doctors and a family of hospitals. Helman submitted his most recent judgements in a 53-page document late Friday, saying the case of Emilio Gonzalez involves "letting a patient die, not making a patient die."
Gonzalez, blind and deaf since his birth on Dec. 3 2005, has spent the majority of his life hooked to a respirator. His mother, Catarina Gonzalez, insists she can communicate with her son and wants the Children's Hospital of Austin to keep him on life support until she finds alternative care. Hospital doctors say extensive treatments and a breathing tube are causing the dying baby to suffer unnecessarily.
Shortly after transporting the child to intensive care, doctors diagnosed Emilio with Leigh's Disease, a disorder characterized by the degeneration of the central nervous system.
Catarina succeeded in getting the hospital to grant several temporary restraining orders, forbidding doctors from tampering with or removing Emilio's life support. The legal battle that will decide the infant's fate will culminate at a hearing that begins May 30.
Herman originally scheduled to make his judgement Tuesday morning but granted the lawyers on both sides a continuance after key witnesses were unavailable to testify on that date. He said he expects the proceedings will occupy two days.
Herman said lawyers erroneously told reporters Monday about a continuance he hadn't yet granted. He told attorneys this grace period would be their last.
A brawny stack of filed court documents reveals Catarina's multiple attempts for injunctive relief, which were ultimately denied by the Travis County Attorney's Office. She said in the requests she could not afford to pay legal bills with the mere food stamps she collects and the costs Medicaid covers.
A cadre of medical experts also weighed in on Emilio's grim prospects of surviving the "irreversible" disease. A doctor's note filed in March predicted Emilio would not live past April 5.
"The patient's brain deterioration is irreversible," said Dr. Sikander Adeni, co-chair of the Neonatal/Pediatric Ethics Committee. "Emilio is not sedated; he initiates breaths spontaneously but is ventilator dependent. He has no gag reflex."
However, Catarina said when doctors lower the amount of oxygen the life support machine generates, her son responds with voluntary breaths. She said in multiple court filings she believes Emilio's spontaneous breathing is a sign that he is not merely living on account of a machine.
Helman said in his Friday filings Texas statutes and the U.S. Constitution would not support Emilio having a guaranteed right to keep the breathing tube.
He also asserted that attempts by the hospital to withhold life support do not violate the Americans with Disabilities Act.
Emilio's mother did not attend the brief Tuesday hearing.
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