Massachusetts judge considers right-to-die lawsuit

Retired Massachusetts physician Roger Kligler, a plaintiff in a right-to-die lawsuit, speaks to reporters outside a courtroom in Suffolk County Superior Court in Boston, Massachusetts, U.S., March 8, 2017. REUTERS/Nate Raymond

By Nate Raymond

BOSTON (Reuters) – Two Massachusetts doctors urged a judge on Wednesday to let them proceed with a lawsuit seeking an order that the state’s murder and manslaughter laws do not apply to physicians who offer lethal medications to terminally ill patients.

During arguments before Superior Court Judge Mary Ames in Boston, a lawyer for the doctors, one of whom is suffering from cancer, said a cloud of uncertainty was preventing physicians from providing such medications.

“Medical aid-in-dying is simply not covered by the Commonwealth’s manslaughter and murder laws,” lawyer John Kappos said.

He made the arguments on behalf of Roger Kligler, a retired doctor diagnosed with stage-four prostate cancer, and Alan Steinbach, a physician who says he is willing to write prescriptions for lethal medication but fears prosecution.

Assistant Attorney General Robert Quinan said that while Massachusetts Attorney General Maura Healey extended her “utmost sympathy” to Kligler, no grounds existed to grant the ruling he sought.

Quinan argued the court should defer to the state legislature to decide the issue and ensure safeguards are enacted to protect vulnerable patients and the integrity of the medical community.

“Only a deliberative body can implement the appropriate safeguards,” he said.

Ames made no ruling on whether to dismiss the lawsuit, which was filed in October, following two hours of arguments. She called the issues “important” and said the case was headed to a higher court no matter how she ruled.

“These are probably issues very much on the mind of anyone with family members facing very serious disease and mortality,” Ames said.

The lawsuit is being pursued by nonprofit right-to-die organization Compassion & Choices.

According to the group, Oregon, Washington, Vermont, Montana, California and Colorado and the District of Columbia allow medical aid-in-dying, with all but one of the states taking the action as a result of legislation or ballot initiatives.

The Massachusetts legislature has considered, but never enacted, similar legislation. In 2012, voters narrowly defeated a ballot initiative that would have legalized the practice.

(Reporting by Nate Raymond in Boston; Editing by Peter Cooney)

Tennessee Considers Assisted Suicide

Tennessee lawmakers are considering the option of legalizing assisted suicide.

The state Senate Health Committee held a meeting on June 10th to consider a bill that would allow physician assisted suicide in the state.

Senate Bill 1362 was presented by Sen. Reginald Tate (D-Memphis) and House Bill 1040 by Rep. Craig Fitzhugh (D-Ripley).  The bill would allow doctors to prescribe a massive overdose of drugs for a person 18 years of age or older to end their life; the option for a patient to immediately die after receiving a diagnosis of “terminal” and even allowing health care providers to turn down more expensive life saving treatments when cheaper assisted suicide options are available.

“We think it’s humane to euthanize an animal when they get to the point they can’t take care of themselves. Why can’t we do the same for people?” asked Dr. Douglas Essinger.  “What about the patients rights to die with dignity? I think that should be the paramount issue here.”

Pro-life groups were vocal in their opposition.

“If doctor-prescribed suicide is legalized in Tennessee, it could become the only ‘medical treatment’ to which many people have equal access. If the government or insurance companies decide they no longer wish to pay for legitimate care and medical treatments, there will be a pressure upon the elderly, ill and disabled to end their lives. Being coerced into ending their lives does not offer death with dignity, it only offers a frightening and dangerous future for elderly and ill Tennesseans,” Brian Harris, president of Tennessee Right to Life, said.

California Senate Approved Assisted Death Legislation

The California State Senate has passed a bill that will allow some elderly and disabled residents to seek assistance in killing themselves with an overdose of drugs.

The senate passed the bill 23-14 despite passionate opposition speaking out for the sanctity of life.

The bill was driven by legislators using the story of Brittany Maynard, the 29-year-old California woman who moved to Oregon so she could establish residency and qualify to be given drugs to kill herself.  Maynard promoted her death online for weeks before she ended her life.

Maynard’s family was in the Senate chamber and spoke to reporters on behalf of the legislators who supported the measure.

Critics were intense in their opposition.  Leaders with the Catholic Church said that “assisted suicide is against the will of God.”

Senator Jeff Stone, who opposes the measure, said that the state could become a haven for “death tourism.”

“What’s going to be the new theme of the state of California?” Stone asked. “Come play, live and die in California?”

The bill is modeled on Oregon’s law.

Assisted Suicide Movement Gaining Momentum

Assisted suicide advocates are claiming a new wave of momentum following the highly publicized suicide of a 29-year-old Oregon woman with brain cancer.

A national campaign to allow doctors to assist people in killing themselves was launched Wednesday in California with the introduction of the “California End of Life Option Act” that is modeled after the 1994 Oregon law approving physician-assisted suicide.

A dozen other states will have similar measures introduced this legislative season.

The media stardom of Brittany Maynard is being used as a tool for the pro-death advocates.  However, they don’t highlight the fact Maynard’s story did not go viral on its own.  A group called Compassion and Choices, funded by major Democratic party donor George Soros, was pushing the story behind the scenes to major news outlets.

“It’s an organized campaign funded by Soros money, and they’re using the Maynard case as their launching pad,” said Wesley J. Smith, senior fellow at the Discovery Institute and a euthanasia opponent.

“Let’s think about this for a second: There have been over 700 assisted suicides in Oregon, and not one of them got this kind of attention. What you have is a movement that looks around for just the right kind of emotional kick,” Mr. Smith said. “You don’t get this kind of international, high-profile media by accident.”

The group reportedly arranged for Maynard’s profile in People Magazine.

Canadian Supreme Court Considering Euthanasia

The Canadian Supreme Court is preparing to rule on the country’s ban on assisted suicide.

“Every one who … aids or abets a person to commit suicide, whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years,” states the Criminal Code of Canada.

The court is looking at the appeal of a ruling form the British Columbia Court of Appeals which overruled a lower court ruling approving euthanasia.  A woman suffering from ALS who has died since the filing of the suit, claimed that denying her the right to have someone assist her in dying violated her rights and discriminates against the disabled.

“If the Supreme Court strikes down our laws against assisted suicide/euthanasia, then it will be up to parliament to come up with a new law,” said MP Maurice Vellacott. “If the Supreme Court of Canada strikes down Canada’s current laws on euthanasia or assisted suicide, then CPSO’s policy would mean Ontario’s physicians would have a ‘duty to refer’ patients for treatments intended to kill the patient.”

Two Canadian senators have introduced a bill that would remove any criminal penalties to doctors who help a patient end their lives.  The College of Physicians and Surgeons of Ontario has also crafted a policy that would require doctors to participate in the process regardless of their personal beliefs.

“New Doctor Death” Loses Medical License

A man who has been called the “new Doctor Death” for following in the footsteps of Dr. Jack Kevorikian has been stripped of his medical license in Maryland.

Dr. Lawrence Egbert has been connected to the suicide deaths of six elderly Marylanders.

“It is undisputed that Dr. Egbert participated in six suicides in the state of Maryland as either a Senior Exit Guide or as a members only exit guide,” the Maryland Board of Physicians wrote in their revocation of Egbert’s license.

“Dr. Egbert reviewed their applications and medical records and recommended accepting them as members,” the board wrote. “Dr. Egbert attended their suicide rehearsals. He held each member’s hand and talked to him or her.”

Egbert, who law enforcement officials say is connected to over 300 deaths across the nation, is currently awaiting trial in Minnesota for helping residents there end their lives.  He had previously been arrested in Georgia but charges were not filed.

Egbert says he will appeal the decision and claims that assisted suicide is “in the Bible as legitimate.”

Assisted suicide is legal in Oregon, Washington, Montana, Vermont and New Mexico.