8mm
Posted on 07/24/2008 3:49:27 PM PDT by wagglebee
Fresno, CA (LifeNews.com) -- Twelve days after she was initially denied food and water, a California court ruled that Janet Rivera is entitled to the nutrition and hydration that a guardian revoked. Rivera is the latest disabled patient like Terri Schiavo to draw the attention of pro-life advocates because of her plight.
Rivera lost her right to food and water on July 14 when a court-appointed guardian removed her feeding tube despite her family's wishes.
The 46-year-old had a heart attack on February 2006 and she never regained consciousness. She has been on life support for two years.
Fresno County Probate Judge Debra Kazanjian, in a Wednesday hearing, called the case "truly a life-and-death situation" and ruled for Rivera's family, which is fighting to save her life.
Rivera's brother, Michael Dancoff, told the Fresno Bee newspaper he was excited to hear about the ruling.
"I'm happy they're giving her a second chance," he said. "I'm happy we'll get to prove she's not on her deathbed."
He says he believes Rivera, whom doctors diagnosed as being in a so-called persistent vegetative state, is still conscious.
"She looked at me and her eyes were open," he said. "She wasn't dying. She wanted to live."
The ruling is only a temporary decision to allow Rivera to receive food and water while both sides of the debate fight next Tuesday in a full-fledged hearing to determine her fate.
At that hearing, Brian Chavez-Ochoa, an attorney who consulted with the Schindler family in the Terri Schiavo case and who is helping Rivera's family, said the Riveras will be present at the hearing to plead Janet's case.
Jesus Rivera, Janet's husband, had been his wife's conservator until June 17, when he was replaced for unknown reasons by David Hadden, the Fresno County coroner. At the hearing, Judge Kazanjian said that happened because Jesus Rivera was not able to adequately provide for Janet's medical care.
Jesus, according to a Bee report, wants to allow his wife to continue to receive food and water and wants "her body to give out when it gives out between her and Almighty God and no one else."
"You can't starve someone to death," he said.
Doctors disagreed and, after consulting them, Hadden decided to remove Janet Rivera's feeding tube.
According to the newspaper, Hadden's office released a statement saying he made the decision after "immense consideration" and due to Rivera's "untreatable and irreversible condition and to prevent any and all suffering that she may be enduring."
"If this were a family member of mine, I would want the decision made by the group of physicians who are taking care of this patient," he added.
The newspaper said Hadden called the Wednesday ruling, an "appropriate course of action." Rivera is currently admitted at the DeWitt Community Subacute Center in Fresno.
If YOU were my family member I would make it clear to everyone that YOU would have no say.
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It is up to the family and if they want to take her home and pay for her care more power to them.
The last person I would want making a life and death decision for me would be a smarmy a**ed politician and/or Judge.
BUMP
I hope if my wife ever ended up like this that God grants me the wisdom of Solomon to do the right thing.
As someone who has cared for infirm relatives, you CANNOT leave decisions to physician(s).
Ping
BUMP
paging Dr. Kevorkian, Dr. Kevorkian.
I agree. If he was a family member it would be clear he had no say.. also clear that his DNR would be in good standing order.
The "guardian" is the coroner!
Thank God for this ruling. Thank God.
Amen!
“Jesus, according to a Bee report, wants to allow his wife to continue to receive food and water and wants ‘her body to give out when it gives out between her and Almighty God and no one else.’
“’You can’t starve someone to death,’ he said. “
I wish Terri Schiavo’s husband had been like this man.
A coroner is nothing but a politician at a low level. Physicians make decisions based entirely on money, so they are going to tell you to dump the person, regardless. As I said, if it was me, I would want to die, but I can’t speak for this woman and if her relatives want to take her in, let them do so.
And remember that when they were killing Terri the culture of death told us that it was a "private family matter."
This demonstrates that their excuses are nothing more than a red herring, ANY EXCUSE that quenches their blood lust is acceptable.
Amen to that Saundra.
Yeah, I guess it’s a private family matter unless the family wants her kept alive. Then it’s up to the courts!!
Here is a local news article that has more quotes from family and the county guardian. (Gives a better picture of the situation).
http://www.fresnobee.com/263/story/749537.html
Good news finally.
Honestly, I think that is part of the problem here. Many of these people in past decades would’ve been taken care of at home and would’ve passed on much quicker. Now, when they are admitted to these care facilities their bodies are still ‘living’ because of the feeding tubes, breathing machines, etc... etc....
Also, take into account that if the state is now her conservator she is being taken care of not by the family, but by the state. Then the money being spent comes into play. As officers of the court, these people not only have to balance the needs of the patient, but the needs of the state. Two things that should never be put together, IMHO. The only definite thing they can look at is the money. If she might recover - they couldn’t possibly know. So, they then make the ultimate decisions based on the financial impact to the community (taxpayers).
NOW... Just to say that I understand all of these things, and why conservators for the state make these decisions, doesn’t mean I agree.
In some ways medical advances have been a blessing. In cases like this, it would almost seem like a curse... I hope I am allowed to die cared for by my family with them all around me. I wouldn’t want to be hooked up to machines with no quality of life - however, that is MY decision, and not one I would want made by disconnected politicians, doctors, and judges.
TO ALL:
Just another reason to have a Living Will prepared. Make sure that your children and other family members all know explicitly what you believe in these things. Please try to make sure you have funds they can access in the case of emergency.
There is nothing more frustrating for a child then to have to rely on the state to take care of a parent or another loved one simply because they don’t have access to any possessions (to sell), or other means to make sure they receive adequate care. There are perhaps few things more painful than letting others make all the decisions for you - especially when those decisions will result in the death of your loved one....
EXACTLY!
Hitler would have loved the American holocaust, he only managed to slaughter 6 million Jews in his death camps and 10 to 12 million more Slavs, Gypsies, and various other "inferior" races in the eastern European theater. But American abortion mills have surpassed him many times over in the slaughter of the innocents. And they aren't satisfied with just murdering America's unborn babies, they want to slaughter the old and infirm Americans also and any old excuse is good enough for them.
Hi, Halls.
Looks like Janet will live as there are more of US here than THEM. Thank Goodness. (Fresno, CA)
Saundra Duffy, nice to see your post. Go, Fresno!
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