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Why Did the Husband of One Brain Dead Wife Let His Baby Live and the Other Didnít?
Life News ^ | Life Legal Defense Foundation

Posted on 02/13/2014 5:42:15 PM PST by Morgana

Many in the pro-life community are reflecting on two tragic stories with very different outcomes: the Munoz situation in Texas and the Benson situation in Canada. In both, the wife and mother was declared brain dead. In the Benson story, Iver Benson, son of Dylan Benson and his now deceased wife, Robyn, has been allowed to live.

In the Munoz situation, the result was the heartbreaking loss of both mother and child. We offer our sincere condolences to both families faced with these tragic situations.

Texas Attorney Jeff Turner is a long-time friend of LLDF who has supported our work over the years. His reflection on the tragedy of the Baby Munoz situation is compelling and he has allowed LLDF to share it.

On Friday, January 24, the 96th District Courtroom in Tarrant County, Texas was the stage for a tragic tale, not told by idiots, but still one “full of sound and fury, signifying nothing.” And by nothing, I mean a profound absence. The tale is one that will be retold more often as medical technology advances to keep people alive, in this case, Marlise Munoz, who in November 2013 suffered a pulmonary embolism when she was fourteen weeks into her pregnancy. Her husband and her parents asked John Peter Smith Hospital to discontinue all life-sustaining treatment for her, which action indirectly would cause the death of her (and his) child in utero. They contend that the very doctors treating her reported that she was brain dead and recommended the withdrawal of such treatment. The hospital did not oblige their request, relying solely on a provision of the Texas Health & Safety Code that provides that a “person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant woman.” (emphasis added).

iverbenson5Absent from the courtroom, however, was any mention of God as the Author of all human life, including that of Baby Munoz. The mystery of God’s purpose in permitting this tale to unfold will remain that—an impenetrable mystery. What can be known is that He willed Baby Munoz’ life into existence and that fact deserves some weight. It is congruent with America’s Judeo-Christian heritage that God be included in her judicial determinations. The United States Supreme Court still opens each session with “God save the United States and this honorable court.” Edith Jones, Chief Judge of the U.S. Court of Appeals for the Fifth Circuit, placed a replicated Harlan Bible (named after Justice John Marshall Harlan’s personal Bible which he donated to the U.S. Supreme Court in 1906) prominently in her chambers “as a reminder to all who visit that we … remember our judgments are ultimately subject to a Divine standard.” The “Divine standard” is love: love of God and of neighbor, and love sometimes requires sacrifice of one’s own rights, interests, and desires for the benefit of another, like Baby Munoz. Love sometimes requires one to “wait for the Lord with courage.” Psalms 27:14. There was no mention of this “Divine standard” in the 96th District Court in determining the fate of Baby Munoz.

Also absent was any advocate for Mrs. Munoz or for Baby Munoz. Larry Thompson, the Assistant District Attorney who represented JPS Hospital, informed this writer that the appointment of an attorney ad litem or guardian ad litem had been considered; however, no such appointment was sought. This decision was a glaring error. An attorney appointed to zealously represent each party would have forced Mr. Munoz’ attorneys to prove his case. For example, does Mrs. Munoz’s medical condition satisfy the legal definition for “death?” The same Health & Safety Code states that a person is dead “when, according to ordinary standards of medical practice, there is irreversible cessation of the person’s spontaneous respiratory and circulatory functions.” It further states that “if artificial means of support preclude a determination that a person’s spontaneous respiratory and circulatory functions have ceased, the person is dead when, in the announced opinion of a physician, according to ordinary standards of medical practice, there is irreversible cessation of all spontaneous brain function. Death occurs when the relevant functions cease.” Death must be pronounced before a doctor can discontinue artificial or mechanical means of supporting a person’s respiratory and circulatory systems. Because artificial means of support had been initiated when Mrs. Munoz first arrived at JPS Hospital, the fact whether “all” of her spontaneous brain function had stopped became a critical issue.

“Brain death” was introduced in 1968 by an ad hoc committee of the Harvard Medical School in the Journal of the American Medical Association. It was introduced mainly to facilitate “organ harvesting” and to reallocate resources away from patients whose prognosis was unfavorable. Unfortunately, after three decades of clinical implementation, this standard has proven to be “conceptually flawed,” according to medical ethicist Dan Wikler of the University of Wisconsin at Madison, a member of a 1981 presidential commission that recommended a uniform law defining death. There is no reliable way to determine “irreversible cessation of all spontaneous brain function” unless and until the entire brain has been destroyed; but, in order for this destruction to occur, the respiratory and circulatory functions must stop. Cases have occurred in which the patient met the test for “brain death” because an EEG could not detect electrical activity on his brain’s surface, but the patient clearly had functioning of the mid-brain and brain stem, and maybe even of the cortex. The brain may not be the exclusive central organizing organ of the human person. Doctors have reported over thirty cases of protracted survival of “brain dead” patients, ranging from one week to fourteen years.

No expert witness was called to testify on behalf of Mrs. Munoz. Instead, the assistant district attorney, representing the state and not Mrs. Munoz or Baby Munoz, simply stipulated that the mother was “brain dead.” That stipulation practically decided the case.

An advocate for Baby Munoz not only would have challenged the allegation of “brain death” but also would have raised the equally crucial question of whether his client was viable. Viability refers to the gestational age at which a child in utero has a 50% chance to survive outside the womb. Most doctors believe viability is reached around 24 weeks of gestation. However, there is no hard and fast rule. Amillia Taylor, for example, was born in 2006 at 21 weeks, 6 days of gestation (but under 20 weeks from fertilization). At nine inches and 10 ounces, she faced digestive and respiratory issues and a brain hemorrhage. Today, “she runs, she plays, she does things she’s not supposed to do.” But, again, the assistant district attorney essentially threw the case by stipulating that Baby Munoz was not viable.

Another gaping absence was any discussion of medical ethics. As soon as a woman becomes pregnant, there are two patients. The first rule of medical ethics is: Do no harm. Removing the ventilator (which supports but does not substitute for the respiratory system) from Mrs. Munoz obviously caused harm to Baby Munoz. He died. The second rule is: Take all reasonable action to give the patient a fair chance to live. All that Baby Munoz needed was 3 to 4 more weeks. This would not have been the first time a brain-dead pregnant woman delivered a baby. In 2012, in Michigan, Christine Bolden delivered twins before her respirator was removed. Dr. Cosmas Vandeven, a specialist in high-risk pregnancies at University of Michigan hospital, said that an important ethical issue in such cases is whether a brain-dead woman would suffer by being kept on a respirator and undergoing a C-section. “Almost every parent would give their life for their child,” Dr. Vandeven opined. “But you need to get truly independent opinions: Are we sure we’re not causing harm to the mom?” Ms. Bolden’s brother said, “I know she wants the babies to be with us. This has brought our family together.”

In contrast, the Texas courtroom stage was filled with provocative commentary on Mrs. Munoz’ allegedly decaying corpse and the “smell of death.” Mr. Munoz’ attorneys pursued a backhanded ad hominem attack against JPS Hospital employees by accusing them of engaging in a scientific experiment with Mrs. Munoz’ body, thus questioning their motives. The defense failed to offer any alternative argument to its insistence that the Texas Health & Safety Code applies to a pregnant woman, whom it already had stipulated was dead, when the relevant subchapter at issue concerns only “qualified patient[s]” who have been diagnosed with a terminal or irreversible condition, Implicitly, it does not apply to a dead patient.

This writer does not question the motive of either the hospital employees or Mr. Munoz. This writer does question whether Mrs. Munoz or Baby Munoz received a fair hearing and whether all available legal and ethical arguments were presented.

In Shakespeare’s play, Macbeth found no meaning or purpose in life after his wife’s death. Let us pray that Mr. Munoz will find meaning and purpose after the death of his wife and child. Let us pray further that our culture, including our judiciary, will strive to meet the Divine standard by which we all will be judged.

TOPICS: Society
KEYWORDS: prolife
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To: GladesGuru

Remove the component of religion. It’s a human life.

21 posted on 02/13/2014 6:44:02 PM PST by Gene Eric (Don't be a statist!)
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To: Tax-chick

“Maybe the Munoz baby could not have survived to be born.”

It would have killed that guy to wait a few weeks to wait and see? Seriously? It’s not like pregnancy is forever. Yes ladies I know it feels that way.

22 posted on 02/13/2014 6:49:30 PM PST by Morgana (Always a bit of truth in dark humor.)
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To: amihow

Are you not presuming to tell the parents how to make a choice which was given by God to them?

Indeed, a case could be made you are attempting to second guess/influence the very will of God, assuming you believe God to have made a decision as to the health of the mother.

Is second guessing part of Christianity?

If so, may I ask for Biblical references, either Testrament would do.


23 posted on 02/13/2014 6:53:10 PM PST by GladesGuru (Islam Delenda Est - because of what Islam is and because of what Muslims do.)
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To: Sarah Barracuda

He wanted the baby dead no matter what- Would his wife had said “Kill my baby?” . Not sure. I wonder if the “tests” actually were done too, or was that all lying BS? Guess we’ll never know. Sad.

24 posted on 02/13/2014 6:54:14 PM PST by Pajamajan (Pray for our nation. Thank the Lord for everything you have. Don't wait. Do it today.)
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To: Morgana

To get to other side of the road?

25 posted on 02/13/2014 6:59:30 PM PST by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Morgana
It’s not like pregnancy is forever. Yes ladies I know it feels that way.

If you're unconscious anyway, I assume it doesn't feel like anything. There is only the objective question, can the baby live, or not.

We don't know, because you can't believe anyone. Not the medical personnel, not the father, not the other family. We just can't know whether the baby could have lived.

26 posted on 02/13/2014 7:14:12 PM PST by Tax-chick (Oh, what fun.)
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To: Pajamajan

We will never know the truth..but I was surprised to hear him say that even if the baby had been shown to be completely normal, he would still have pulled the plug because the wife said repeatedly that she did not want to be kept alive on machines. The woman’s mother was also on the show, she referred to the baby as a “fetus” its a BABY!!!

27 posted on 02/13/2014 7:20:10 PM PST by Sarah Barracuda
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To: GladesGuru
If the child is the responsibility and the property of the parent, as Roman, Jewish and Christian Law held, it would seem the answer would be the parent.

while the child is certainly the responsibility of the parent, he/she is NEVER the property of the parent....can't be bought or sold, can't be mortgaged, can't be neglected, can't and can be a lot of things, but property...not a chance....From the moment of conception, that was a complete human being with his/her own set of rights and the right to life is primary....supercedes all others.

28 posted on 02/13/2014 7:35:14 PM PST by terycarl (common sense prevails over all else)
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To: GladesGuru
Are you not presuming to tell the parents how to make a choice which was given by God to them?

God gave the parents the choice as to whether or not to become pregnant....once they had done so, their choice ended....the CHILD which they had concieved was now an individual with its'own rights....the rights or the parents became EXTREMELY limited and the right to kill the child was not included

29 posted on 02/13/2014 7:43:11 PM PST by terycarl (common sense prevails over all else)
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To: notpoliticallycorewrecked

Thank you. I was going to say Mrs. Munoz was dead and the baby died with her but the people on these threads lack any understanding of medical realities.

30 posted on 02/13/2014 8:05:51 PM PST by Nifster
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To: Tax-chick

You seem to lack any understanding of medical realities. not only was Mrs. Munoz dead but the baby died with her. Keeping machines going does not mean their is any life there at all

31 posted on 02/13/2014 8:07:23 PM PST by Nifster
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To: Morgana

“Yes ladies I know it feels that way.”

Not always, not even much of the time.

This is one of the things that infuriates me most about the Abortion movement, they had to reimagine pregnancy as a disease.

Now, sometime pregnancy can be very difficult, but not always.

Obviously if you are brain dead everything is already s*cking, but if you are healthy pregnancy is just a natural part of life.

This is what boggles my mind about the Left, they are all for nature, nature, nature, but not when it comes to babies!

32 posted on 02/14/2014 3:47:47 AM PST by jocon307
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To: GladesGuru

Parents do not have life death decisions over children. That baby could have lived without any harm to any one.

We do not need Scripture to know that. Just basic human kindness.

33 posted on 02/14/2014 9:57:36 AM PST by amihow
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