Buffalo Man Fights to Make End of Life Decisions for His Brother

WGRZ-TV ^ | 8/03/07 | Jessica Weinstein

[Faith Presses On]

When Buffalo Police Lieutenant Al Devlin was diagnosed with cancer of the esophogus in 2004, he made his brother Dan his healthcare proxy.

Jessica Weinstein: "He knew it was serious?" Dan Devlin: "Very serious. It's a cancer that is very difficult."

Days later, Dan Devlin signed as his brother's healthcare proxy. Al's wife Suzanne, signed as a witness. Al never put any additional wishes in writing.

"He said I want you to give me your word that you will use your judgement and no one else's. He specifically did not want me to be influenced by his children or his wife," said Dan.

Then in May of 2005, Al became unconscious after he lost oxygen to his brain during a medical procedure. According to Dan, he's now in what doctor's call a persistent vegetative state, much like the prominent case of Terry Schiavo.

Weinstein: "What did he tell you he wanted to do if he got into a persistent vegetative state?"

Dan Devlin: "Locate the people who know the most about the particular situation, and see if there's anything that can get him out in a condition acceptable to him."

So while Dan looked for more opinions, he kept his brother on life support. Suzanne Devlin, Al's wife, took him to court. Ed Robinson is her attorney.

"She was concerned that her husband's wishes were not being followed," he said.

Robinson says State Supreme Court Judge Russell Buscaglia heard family and friends testify that Al didn't want to remain on life support. According to court documents, Dan didn't refute their claims. In March, Buscaglia ruled that Suzanne, not Dan, would "make all the health care decisions" for Al. This despite Al's signature, designating his brother to make those decisions.

[Jeff Chandler]

Buffalo Man

Related to?

Manbearpig

[Shimmer128]

That judge should be prosecuted. This is just WRONG.

[socialismisinsidious]

So the wife signs as a witness making the brother the health proxy and then basically goes back on her word..what a dip.

I say follow the money...what does she have to gain?

And this is unlike Terri b/c Terri had NOTHING in writing...something the Loony Left forgets when they blather on about how people "have a right to die"

[CindyDawg]

If he had wanted his wife to be making these decisions he would have named her as his representative. They must have talked about why, if she witnessed.

[ClaireSolt]

What does it benefit these families to go to court? I think they ar better off handling these disputes themselves, and believe me, I have been through it, myself

[LaineyDee]

And this is unlike Terri b/c Terri had NOTHING in writing...something the Loony Left forgets when they blather on about how people "have a right to die"

The report was referring to the "vegetative state" being like Terri....not the written wishes.....but the report is still wrong because Terri was never on life support to help her breathe. The judge in her case deemed her feeding tube was "life support" which is wrong as well.

Heck... the kids I work with ALL have feeding tubes. It is NOT what is considered life support by any of the medical personnel I have encountered. But then......I don't live in FloriDUH.

[darkangel82]

Unfortunately, I do live in Florida.

[Beagle8U]

LMAO! I clicked on this thread just to see if that pic would be posted!

[LaineyDee]

I’m so sorry... :(

[Old Professer]

“Then in May of 2005, Al became unconscious after he lost oxygen to his brain during a medical procedure.”

Aha, the old, ‘Choke the bastard, maybe he’ll croak on the table,’ medical procedure; I know it well.

[Faith Presses On]

I should also have included this from the article: Dan Devlin is appealing the judge's decision, but he missed the July 31st deadline to do so. On Monday, August 5th, a State Supreme court judge will decide whether or not his appeal can go forward. Robinson says Suzanne Devlin meantime, is in the process of weighing her options as to how and when to remove her husband from life support. It's a shame how often the courts seem to be pro-death. I hope his brother is able to prevail.

[socialismisinsidious]

Yeah I understood how they were using Terri...the point I was trying to make is: here this guy is and he has something in writing (which is what Terri should have done if what her so called husband says was true), he did what we are suppose to do if we want our wishes to be followed and it still doesn't matter! Culture of death. sigh.

I too am in a medical field and you are correct: food is not life support.

[LaineyDee]

Culture of death. sigh.

I get pretty emotional about this topic too. I was at work one night when we had a respiratory code on a 9 yr. old who had been medically devastated since birth. His parents had given him up as a ward of the State, out of embarrassment.

As we were working on him... I could see the fear in his face and kept talking very calmly to him. One of the RT's clucked at me that "All these babies just need to go to Jesus". My B/P went up about 50 notches. After we finished (he pulled through) I let that RT have it.

This situation made me realize how selfish and self-absorbed our society has become to our most vulnerable citizens. They're considered disposable.

On topic.....I believe this guy's brother knew his wife's motives when he signed that document. The courts should have respected it. He was doing everything within his power to make the right decision.

[darkangel82]

One of the RT's clucked at me that "All these babies just need to go to Jesus".

You should've clocked him.

[LaineyDee]

You should've clocked him.

It was a "her". *chuckle* I gave her a tongue-lashing in front of the staff. She had since kept her comments to herself.... at least when I'm around.