Wednesday, May 5, 2021

Amendments Seek to Weaken Patient Protections, Attestation Provisions Also Eliminated

 

By Margaret Dore, Esq.

On February 10, 2021, assisted suicide/euthanasia proponents introduced a bill seeking to amend California's End of Life Option Act. The bill, SB 380,  eliminates the Act's 2026 sunset date, and also allows a 15 day waiting period to be shortened to 48 hours in certain circumstances.[1]

Katy Grimes, editor of the California Globe (pictured), had this to say:

When it comes to carrying out the death penalty for convicted murders, the California Legislature finds the lethal drug cocktails "cruel and unusual punishment," which they say is a violation of the Eighth Amendment. Yet lawmakers were more than willing to approve a lethal drug cocktail to allow sick people to kill themselves.  I wrote [this] in 2015 as the California Legislature was considering [passage of the Act].[2]

The proposed amendments also eliminate the Act's "attestation" provisions.[3]

A hearing on SB 380 is set for May 10, 2021. This may be subject to change. 

Monday, June 18, 2018

Assisted Suicide/Euthanasia Law Back in Effect

A state appeals court has reinstated — at least for now — California's law allowing terminally ill people to end their lives.
The Fourth District Court of Appeals in Riverside issued an immediate stay Friday putting the End of Life Option back into effect. The court also gave opponents of its decision until July 2 to file objections.

Thursday, May 31, 2018

Judge Ottolia Rejects Motion to Vacate Order Invalidating Assisted Suicide/Euthanasia Law

Judge Daniel Ottolia has rejected a motion to vacate his decision overturning the deceptively named, "End of Life Options Act." The act remains null and void. For more information, click here  

Thursday, May 24, 2018

Assisted Suicide Law is Unconstitutional; Decision Upheld by Appeals Court

Alex Schadenberg
Executive Director - Euthanasia Prevention Coalition


Last week, Riverside Superior Court Judge, Daniel Ottolia, overturned California's assisted suicide law when he ruled that the legislature acted outside the scope of its authority [when enacting it]

California passed the state's assisted suicide law in a special health care funding session after the legislature failed to pass the assisted suicide bill in its normal session.

Judge Ottolia, held that "the End of Life Option Act [legalizing assisted suicide] does not fall within the scope of access to healthcare services," and that it "is not a matter of health care funding."

Tuesday, May 15, 2018

Stephanie Packer Denied Life Saving Drugs


Stephanie Packer 20180515
Ms. Packer

After the End of Life Option Act was implemented, Stephanie’s insurance company denied coverage of life-saving chemotherapy treatment, but said it would pay for “aid-in-dying” drugs, which would cost $1.20.

Stephanie has spoken out against assisted suicide in California and other states, saying, “I am so grateful that California’s assisted suicide law was overturned today. The bill’s proponents tout dignity, choice, compassion, and painlessness. I am here to tell you that nothing could be further from the truth. Choice is really an illusion for a very few. For too many, assisted suicide will be the only affordable ‘treatment’ that is offered them.”

Assisted Suicide Law Ruled Unconstitutional

NAPA, Calif.,  Life Legal  — A California judge overturned the state’s assisted suicide law this morning, ruling that the legislature acted outside the scope of its authority when it enacted the End of Life Option Act.

The Act’s sponsors introduced the bill in a special session of the legislature convened by Governor Jerry Brown to address Medicaid funding shortfalls, services for the disabled, and in-home health support services.

Monday, October 2, 2017

Washington Post: "I’m dying of brain cancer. I prepared to end my life. Then I kept living."

To view the entire article, click here.

In April 2015, at the age of 55, I was diagnosed with one of the most lethal and aggressive brain tumors, a brainstem glioblastoma multiforme in an advanced stage. The prognosis was both grim and precise: Without treatment, I might have a few months; with treatment, I could last six months. If I beat overwhelming odds, I’d toast the new year one last time.

Monday, June 12, 2017

An 8-year-old was taken off life support, his organs donated. Now, Los Angeles police are investigating

Richard Winton and Harriet RyanContact Reporters

By the time Cole Hartman arrived at Ronald Reagan UCLA Medical Center, he was in grave condition. The 8-year-old had gone into cardiac arrest after nearly drowning in a washing machine at his Castaic home. Paramedics had gotten his heart beating again, but he remained in a coma and on a ventilator.

Physicians at UCLA's pediatric intensive care unit told Cole's family that the child was not brain-dead but would never recover normal neuro function and could never awaken, according to an entry in his medical chart.

The Hartmans decided to take Cole off life support and donate his organs. He was removed from the ventilator and, 23 minutes later with his family at his bedside, pronounced dead by an anesthesiologist.

The seemingly peaceful death four years ago is now the subject of an investigation by Los Angeles police and the district attorney's office. Homicide detectives are looking into an allegation by a coroner's investigator that the anesthesiologist gave Cole a fatal dose of the opioid fentanyl to hasten his death and increase the likelihood his organs could be harvested. No charges have been brought.

A lawyer for the anesthesiologist, Dr. Judith Brill, said the allegation was "factually wrong and patently offensive."

Brill's "only concern was to assure that this child, who had drowned and was never going to recover, would not suffer any pain following the removal of life support," attorney Mark Werksman wrote in an email to The Times.

A rare criminal investigation

The probe is one of only a handful of known criminal investigations into a doctor's role in an organ donation, and it offers a window into the ethical issues that can play out during a donor's last moments of life.

"As you can imagine, this is very complicated," said LAPD Capt. William Hayes, who oversees the elite Robbery-Homicide Division conducting the investigation. "We need to clearly understand what was done and the implications of those actions."

To read more, go here


Friday, October 21, 2016

"If Dr. Stevens had believed in assisted suicide, I would be dead"

Jeanette Hall and her son, Scott, in November 2000
By Jeanette Hall

I live in Oregon where assisted suicide is legal. Our law passed in 1997 by a ballot measure that I voted for.

In 2000, I was diagnosed with cancer and told that I had 6 months to a year to live.  I knew that our law had passed, but I didn’t know exactly how to go about doing it. I tried to ask my doctor, Kenneth Stevens MD, but he didn’t really answer me. In hindsight, he was stalling me.

Thursday, August 25, 2016

Doc gets 4 years in prison for multi-million dollar hospice scheme

Eileen Decker, US Attorney
http://www.mcknights.com/news/doc-gets-4-years-in-prison-for-multi-million-dollar-hospice-scheme/article/517678/

A California physician who falsely certified more than 70 patients as terminally ill in order to refer them for hospice care was sentenced to four years in federal prison last week. He will also pay $1.3 million in restitution.

Boyao Huang, 43, is one of two physicians convicted as part of a $8.8 million fraud scheme operated by Covina Hospice Care of Covina, CA. Huang and the second doctor, Sri Wijegoonaratna, 61, conducted “assessments” for patients and certified them as terminally ill, regardless of the assessment's outcome.

At least 79 Medicare and Medi-Cal beneficiaries were deemed terminally ill and referred to CHC, “even though the vast majority of them were not dying,” the U.S. Attorney's Office for the Central District of California said in a press release.

"This scheme preyed upon dozens of patients and their families who were led to believe that their worst nightmare had come true — that they had life-ending illnesses,” U.S. Attorney Eileen Decker said in the statement.  

Wednesday, June 8, 2016

Lawsuit Filed to Stop California Assisted Suicide Law!

The Life Legal Defense Foundation filed a lawsuit today challenging California's assisted suicide law.

The civil rights lawsuit alleges Equal Protection violations of individuals labeled terminally ill and was filed by five doctor and by the American Academy of Medical Ethics (AAME),
 
The Act decriminalizes physician-assisted suicide and instantly removes criminal law, elder abuse, and mental-health legal protections from any individual labeled terminally ill.  By contrast, non-labeled Californians have legal protection that makes it a felony to aid, advise, or encourage another to commit suicide.

The lawsuit asks the court to uphold civil and criminal laws that should apply equally to all Californians, including laws that protect people from self-harm and elder abuse laws.

To see a copy of the plaintiffs' application for a temporary restraining order, click here.