Archive for Marlise Munoz

Attorney Reflection on the Munoz Tragedy

Posted in Brain Death, Life Support with tags , , , , , , , , , , , , , , , , on February 13, 2014 by saynsumthn

A Reflection on the Munoz Tragedy
H/T Life Legal Defense Foundation

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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.

Texas Attorney Jeff Turner reflection on the tragedy of the Baby Munoz situation is compelling , he originally published it for Texans for Life – here. This blog has added images to his comments:

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Jeff-Turner300x268On 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.

Teddy Bear JPS Signs

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).

Sue and son signs

Absent 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.

Troy Newman PrayingStephen Broden arms up

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.

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“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.

Carole Novielli

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 brain deathdied. 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.

The author, Jeff Turner, is a lawyer, poet, and human rights activist. This article appeared in Texas for Life Coalition’s Blog at http://texlife.org/2014/01/rest-in-peace-mrs-and-baby-munoz/.

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This blog has written extensively on the Munoz tragedy.

The designation of “brain death” is a controversial one and presents moral and ethical issues, especially when the life of a baby is involved. There are many cases where babies have survived after the mothers have experienced similar situations to that of Marlise Munoz.

Here are some examples:

In 1982 a brain dead woman was put on life support for several days until her unborn child could be delivered.

Michele Odette Poole was delivered in 1985 after her mother was declared brain dead. Her father won a legal battle against the woman’s parents who had requested that life support be disconnected

In March of 1986, doctors successfully delivered a baby at the University of California’s Moffitt Hospital, whose mother was declared legally dead in January and was kept on life support to protect the child.

In November of 1991, Tracy Bucher gave birth to a baby boy after she was pronounced as brain dead. She was kept on life support for six weeks while her unborn child developed inside her.

In November of 1997, Lisa Nottingham was four months when she suffered a cerebral hemorrhage and was declared brain dead in August. She was kept alive by a machine until her baby could safely be delivered the following November.

Susan Anne Catherine Tores was born in September of 2005 after her mother was kept on life support for three months after being pronounced legally dead. Despite heroic efforts the child succumbed to a respiratory illness and died a few days later.

In June of 2006, a brain dead woman kept alive for more than two months gave birth to a baby girl. She was named Christine and her last name was withheld by the media.

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Pregnant mom kept alive on Life Support dies after giving life to her son

Posted in Life Support with tags , , , , , on February 11, 2014 by saynsumthn

Iver Benson was born on Feb. 8, 2014, after his brain-dead mother spent more than a month on life support.

Dylanbenson1_ml_140211_16x9_608For Dylan Benson, the birth of his son was bittersweet. Greeting his newborn meant saying goodbye to his wife, who was brain dead and had been on life support during the last month of her pregnancy to keep their unborn baby alive.

Robyn Benson, 32, of Victoria, Canada, was 22 weeks pregnant when her husband found her unresponsive in their home Dec. 28 after she complained of a headache, according to her husband’s blog. Doctors learned that she’d had a massive brain bleed and declared her brain dead, but they offered to keep her on life support to save the baby, her husband Dylan Benson wrote.

“It is with a heavy heart but also with extreme proudness that I am posting this update,” Dylan Benson wrote on his Facebook page and blog Monday night. “On Saturday evening, my beautiful and amazing son, Iver Cohen Benson, was born.”

Dylan Benson posted a photo of himself holding baby Iver, who was born at about 28 weeks.

“Iver is healthy and is the cutest and most precious person I have ever met,” Dylan Benson wrote, but he expects a “bumpy ride” for the preemie.

Saying hello to Iver means saying goodbye to his wife, Dylan Benson wrote. He wrote that he was proud of her, and that she will live on in their son and in his heart.

Dear readers,

It is with a heavy heart but also with extreme proudness that I am posting this update…

On Saturday evening, my beautiful and amazing son, Iver Cohen Benson, was born. Iver is healthy and is the cutest and most precious person I have ever met. As to be expected, it will still be a bumpy ride for he and I as he continues to grow under the care of the wonderful staff at the hospital.

On Sunday, we had to unfortunately say goodbye to the strongest and most wonderful woman I have ever met. I miss Robyn more than words can explain. I could not be more impressed with her strength, and I am so lucky to have known her. She will live on forever within Iver, and in my heart.

Thank you to each and every one of you for your love, your kind words, and your support during this incredibly difficult time. The shares of this page and the thousands of comments that I have received, both here and on the YouCaring donation page, have helped so much with getting through these past days and weeks. I truly appreciate the love and support from all over the world.

All the best to you all.

Dylan (and Iver)

Baby Iver Fund Exceeds Donation Goal to cover Medical Bills for Pregnant Mom on Life Support

Posted in Life Support with tags , , , , , , , , , , on February 4, 2014 by saynsumthn

Dylan Wedding4c2153f604 A community is rallying to help a 32-year-old Victoria man facing an almost unimaginable set of circumstances as he awaits his first child’s entry into the world.

Hundreds of people have contributed to a fund in support of Dylan Benson, whose pregnant wife Robyn suffered a medical emergency after Christmas and was declared brain-dead.

She remains in a B.C. hospital on life-support until doctors feel the unborn child is viable enough for them to perform a caesarean section.

Benson says his unborn son was just over five months along and growing normally when Robyn complained of a headache and collapsed on Dec. 28.

robyn-and-dylan-benson-s-unborn-son-ultrasound-scan

In line with his wishes, hospital staff are now trying to keep her alive seven more weeks, until the fetus is 34 weeks old and has a better chance of survival outside the womb.

Dylan and Robynb86f826c-e5c3-447f-aa32-e70b21f11a67

“I got to feel him kick for the first time the other day,” said Benson.

However, the birth of a boy he intends to name Iver Cohen Benson will mean that his wife will be taken off life support. So far, Iver is healthy and continues to grow.

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This story is similar to the one that received national attention recently in Texas when John Peter Smith Hospital in Ft Worth, relented to the death order of Judge RH Wallace Jr and pulled the plug on pregnant Marlise Munoz killing her unborn child.

The actions of JPS Mirrored those of convicted abortion doctor Kermit Gosnell who were just “Following Orders” when they murdered children.

Just as in this case, the community rallied around the hope that out of a tragedy a new life would be born. In the Munoz case, about 50 people outside John Peter Smith Hospital in Ft Worth for a memorial service to remember Marlise Munoz and her unborn child who was killed when the hospital agreed to remove her from life support.

gathered Teddy Bear JPS SignsSue and son signs

The group, was organized by Operation Rescue and local activists.

The event peaceful and somber with several people holding flowers and singing Amazing Grace.

JPS Teddy Bear

“We’re very saddened that the baby is gone,” said Carol Novielli, who brought a rose and stuffed animal to remember the child.

Behind the scenes, local conservatives like State Representative Matt Krause said they spent the weekend trying to get the hospital and district attorney’s office to appeal the ruling.

“We at least were trying to get the hopsital board to have an emergency meeting to appeal Judge Wallace’s ruling,” he told WFAA.

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As of Feb 4, 2014, the Baby Iver Fund has raised $81,478 out of a $36,000 goal.

BabyIverFund

On his website Dylan explains what happened, “On December 28th, I lost my wife to a sudden hemmorhage of blood to her brain. At the time, she was 22 weeks pregnant.

On that Saturday morning, she threw up, and then instantly started suffering from a piercing headache and asked me to go to the store to get some Tylenol for her. When I came back, she was unconscious, but still breathing in our bathroom. I called 911 immediately. The ambulance came, and they tried to get my wife to respond and for almost an hour before we went to the hospital. At the hospital they discovered that my wife had experienced a massive blood leak into the centre of her brain, and that there was so much blood and pressure and damage that it was irrepairable.

Devastatingly, my wife, Robyn, became brain dead. They performed an operation on my wife’s brain to drain some of the excess blood. Based on my decision, they are attempting to keep her body alive for up to 7 more weeks (potentially until she is at or near 34 weeks pregnant). Incredibly, they have been successful in doing this for 5 weeks now. The thought process behind this is that if they can keep her body alive and growing our child, it will give our unborn son (his name will be Iver Cohen Benson) a good chance of surviving a c-section at that time. The doctors have said that he now has higher than an 80% of survival and that increases with every day that passes. There are roughly 30 published medical records of this type of thing being attempted, but so far, amazingly, they have been successful. For the last 5 weeks, Robyn’s body has still been doing most of the work. Her heart rate and blood pressure are for the most part working unassisted. It is essentially only her brain that is not working, and unfortunately, she will not recover from the brain death.

Our family and close friends are all very supportive and all think that my wife would want me to try and give our child the best life possible, so that’s what I’m going to try and do. Assuming that the c-section is successful, of course my son will then spend the next several weeks in the hospital under intensive care until he is ready to be released to me.

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My days right now consist of a lot of time with family and close friends, and of course time at the hospital visiting Iver and Robyn, and hoping every minute for their health to continue.

She was my rock. She did so much for us, and I can’t believe I won’t get to talk to her again. It is very difficult to know that our son will grow up never meeting his wonderful mother, and that we will have to say our goodbyes to Robyn within hours of seeing Iver for the first time.

Why we are raising funds and where they will go:

Due to the stress of this situation, and not knowing when they will attempt to deliver Iver (if Robyn’s body becomes unstable, they may need to deliver him within minutes or days), I am unable to work. The majority of my current and upcoming leave from work will leave me only earning 55% of my salary. I am about to become a single father. Paternity leave for men will only provide me with 35 weeks off from work, and it’s likely that I will be spending the first 6-8 of those in the hospital with Iver before I can take him home. I will need funds towards bills, baby supplies, daycare, housing, food, and transportation.

I sincerely appreciate everyone who took the time to read this and anyone who is able to help, regardless of the amount.

Thanks and take care,

Dylan and Iver “

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Successful Births from Women who are deemed “Brain Dead” during pregnancy and kept alive on Life Support are rare and successful births are not uncommon in these cases.

Here are some more examples:

In 1982 a brain dead woman was put on life support for several days until her unborn child could be delivered.

Michele Odette Poole was delivered in 1985 after her mother was declared brain dead. Her father won a legal battle against the woman’s parents who had requested that life support be disconnected

In March of 1986, doctors successfully delivered a baby at the University of California’s Moffitt Hospital, whose mother was declared legally dead in January and was kept on life support to protect the child.

In November of 1991, Tracy Bucher gave birth to a baby boy after she was pronounced as brain dead. She was kept on life support for six weeks while her unborn child developed inside her.

In November of 1997, Lisa Nottingham was four months when she suffered a cerebral hemorrhage and was declared brain dead in August. She was kept alive by a machine until her baby could safely be delivered the following November.

Susan Anne Catherine Tores was born in September of 2005 after her mother was kept on life support for three months after being pronounced legally dead. Despite heroic efforts the child succumbed to a respiratory illness and died a few days later.

In June of 2006, a brain dead woman kept alive for more than two months gave birth to a baby girl. She was named Christine and her last name was withheld by the media.

Remembering Baby Munoz and pregnant Marlise Munoz removed from life support

Posted in Life Support with tags , , , , , , , , , , on January 27, 2014 by saynsumthn

Troy Newman Stephen Broden JPSAbout 50 people gathered this afternoon outside John Peter Smith Hospital in Ft Worth for a memorial service to remember Marlise Munoz and her unborn child who was killed when the hospital agreed to remove her from life support.

Corowd Shot JPS

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Crowd

JPS Munoz 1

Troy Newman Praying

Shame Judge RH Wallace Jr

Stephen Broden arms up

Troy and Stephen Back

Todd Bullis at JPS

Sue and son signs

Teddy Bear

Teddy Bear JPS Signs

Middle of crowd

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Prayers crowd

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The group, organized by Operation Rescue and local activists, had originally planned a prayer vigil and sit it but cancelled the civil disobedience when they received the news that the hospital had put the woman and child to death earlier in the morning by shutting off life support.

The event was peaceful and somber with several people holding flowers and singing Amazing Grace.
Carole Novielli

“We’re very saddened that the baby is gone,” said Carol Novielli, who brought a rose and stuffed animal to remember the child.

Behind the scenes, local conservatives like State Representative Matt Krause said they spent the weekend trying to get the hospital and district attorney’s office to appeal the ruling.

“We at least were trying to get the hopsital board to have an emergency meeting to appeal Judge Wallace’s ruling,” he told News 8.

Pro-lifers find it interesting that the statement from the family fails to include the unborn child:

Famil Statement

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“Our client, Erick Munoz, has authorized us to give notice that today, at approximately 11:30 a.m. central time, in accordance with the order of the 96th District Court of Tarrant County, Texas, issued Friday, January 24, 2014, Marlise Munoz’s body was disconnected from ‘life support’ and released to Mr. Munoz.,” Heather King and Jessica Janicek said in a statement. “The Munoz and Machado families will now proceed with the somber task of laying Marlise Munoz’s body to rest, and grieving over the great loss that has been suffered. May Marlise Munoz finally rest in peace, and her family find the strength to complete what has been an unbearably long and arduous journey.”

J.R. Labbe, a spokeswoman for John Peter Smith Hospital in Fort Worth, issued a statement Sunday that says the hospital “will follow the court order” issued Friday in the case of Munoz.

“From the onset, JPS has said its role was not to make nor contest law but to follow it,” the statement says. “On Friday, a state district judge ordered the removal of life-sustaining treatment from Marlise Munoz. The hospital will follow the court order.”

Attending the event was Operation Rescue president, Troy Newman as well as Cheryl Sullenger and Pastor Stephen Broden a local pastor in Dallas. Also attending were several pro-lifers and abortion abolitionists, Christians and Catholics as well as a few Bikers.

Rhonda Aubert, 46, from Southlake brought her 12-year-old son. She said the case tugged at her heart.

“I just wish the baby would have had a chance,” she said.

Some held homemade signs saying, “Baby Munoz condemned for being handicapped” and “Protect life. JPS killed baby Munoz.”

Operation Rescue releases the following statement on the news that JPS Hospital removed life support from Marlise Munoz and her baby at 11:30 am this morning. The following statement is attributable to Troy Newman, President of Operation Rescue.

We are grieved that the JPS hospital has removed life support from Marlise Munoz and her baby. As the term “life support” implies, Marlise’s body was alive and supporting a thriving pregnancy at the time support was withdrawn.

It is despicable that dehumanizing and deceptive language was used to refer to Marlise as a “corpse” and her baby’s condition as “incompatible with life” in order to elicit public support for putting them to death.

A human being does not lose their God-given human beauty or dignity just because they are disabled or incapacitated. This case just goes to show how far we have slipped into the abyss of a Culture of Death and how intolerant we have become of those who are seen as “inconvenient.”

We strongly believe that the order that led to the termination of life support is in complete contradiction to Texas law that was enacted to protect pre-born babies just like the Munoz child. The courts have failed this baby, the attorneys who should have defended Texas law has failed this baby, and the hospital has failed this baby. May this tragedy serve as a wake-up call to our society, lest others wrongly fall victim to this dehumanizing utilitarian view of life and death.

The group prayed and laid roses and a teddy bear at the hospital in memory of the child and her mom.

Bear on Wall BEST

Bear on Wall Cheryl Stephen

Bear on Wall

Bear Wall Sign

I am sad

JPS Teddy Bear

“I came to see if the hospital would appeal the decision,” Natalie Wickman of Arlington said. “But once I got here I heard that they had taken her off life support. It was sad, but I still wanted to be here for the baby.”

Photo Josh Rubin Twitter

Photo Josh Rubin Twitter

Pro-life leaders around the nation are also weighing in:

“The death of Baby Munoz represents a colossal failure on so many levels. Her father failed her. The Attorney General of Texas Gregg Abbot failed her. The hospital failed her. Finally, by usurping the will of the people of Texas, the courts failed her. If only one of those in position to stop this execution of Baby Munoz would have stepped up to the plate and done the right thing she would have been born alive in the next few weeks. Baby Munoz was a human being who deserved the same legal protection of born people. The truth is Baby Munoz was executed by judicial tyranny,”
said Mark Harrington, Executive Director, Created Equal.

JPS Hospital kills Baby Munoz by pulling plug on pregnant woman

Posted in Life Support with tags , , , , , on January 26, 2014 by saynsumthn

At 11:30am Sunday John Peter Smith Hospital relented to the death order of Judge RH Wallace Jr and pulled the plug on pregnant Marlise Munoz killing her unborn child.

The actions of JPS Mirror those of convicted abortion doctor Kermit Gosnell who were just “Following Orders” when they murdered children.

J.R. Labbe, a spokeswoman for John Peter Smith Hospital in Fort Worth, issued a statement Sunday that says the hospital “will follow the court order” issued Friday in the case of Marlise Muñoz.

Life support was terminated at 11:30 a.m. Sunday.

A Protest is still planned for 4:00pm to respond !!!

munoz familyDistrict Judge R.H. Wallace has ruled the pregnant mother being kept alive at John Peter Smith Hospital in Fort Worth should be removed from life support.

He has given the Hospital until 5:00PM to appeal the decision. But pro-lifers concerned for Baby Munoz said they are not waiting that long.

Hospital officials have said they were bound by the Texas Advance Directives Act, which prohibits withdrawal of life-sustaining treatment from a pregnant patient. But in his brief ruling, Wallace said that “Mrs. Munoz is dead,” meaning that the hospital was misapplying the law. The ruling did not mention the fetus.

The hospital has not pronounced her dead and has continued to treat her over the objections of both Erick Munoz and her parents, who sat together in court Friday.

Larry Thompson, a state’s attorney representing the public hospital, told the judge Friday that the hospital recognized the Munoz family’s pain and rights, but said it had a greater legal responsibility to protect the fetus.

“There is a life involved, and the life is the unborn child,” Thompson said.

Former state District Judge Sharen Wilson sent a statement explaining that the district attorney only advises hospital officials.

But she added: “As [a] private citizen, Wilson would hope JPS would appeal and put the baby’s life first.”

Pro-lifers have set-up a Facebook page for Marlise and her baby and are planning a protest,

Fox Story 2

According to the group, Operation Rescue, they plan to protest outside the hospital Sunday afternoon in opposition to the unwarranted killing of Mrs. Munoz andd her baby.

They also plan peaceful sit-in is planned in the office of Robert Earley, President and Chief Executive Officer of JPS Hospital. The sit-in participants are willing to engage in peaceful civil disobedience in order to encourage the hospital to appeal the horrific decision by Judge R.H. Wallace, Jr. to remove life support from Mrs. Munoz and her baby.

A recent study has shown that babies in similar circumstances have about a 50% survival rate. All that is needed is just a few more weeks until baby Munoz can be safely delivered and cared for properly.

Operation Rescue has more than one couple who have volunteered to adopt Baby Munoz, whether or not he or she is born with health problems.

Please join national pro-life leaders, Troy Newman, President of Operation Rescue, and Pastor Stephan Broden of Fair Park Bible Fellowship and Founder of National Black Pro-Life Coalition, on Sunday, January 26 at 4:00pm outside JPS Hospital, located at 1400-1598 S. Main Street, Fort Worth, Texas 76104.

“As Christians, we are compelled by faith to intervene on behalf of Mrs. Munoz and her child in obedience to Proverbs 24:ll, which states, ‘Rescue those being led away to death; hold back those staggering toward slaughter,'” stated Newman. “The law that was meant to be on the side of Baby Munoz has failed to protect the most vulnerable. We cannot in good conscience stand idly by while this injustice wrongly takes two innocent lives.”

“We must make every attempt to save this baby. He or she is a person, guaranteed protection under the constitution. There is an alternative for the family. There are families willing to take the baby and provide a safe place for it to grow in a loving environment,” said Pastor Broden. “If we err, we should err on the side of life.”

Sit in / prayer vigil to stop pregnant woman being pulled from life support

Posted in Life Support with tags , , , , , , on January 26, 2014 by saynsumthn

munoz familyDistrict Judge R.H. Wallace has ruled the pregnant mother being kept alive at John Peter Smith Hospital in Fort Worth should be removed from life support.

He has given the Hospital until 5:00PM to appeal the decision. But pro-lifers concerned for Baby Munoz said they are not waiting that long.

Hospital officials have said they were bound by the Texas Advance Directives Act, which prohibits withdrawal of life-sustaining treatment from a pregnant patient. But in his brief ruling, Wallace said that “Mrs. Munoz is dead,” meaning that the hospital was misapplying the law. The ruling did not mention the fetus.

The hospital has not pronounced her dead and has continued to treat her over the objections of both Erick Munoz and her parents, who sat together in court Friday.

Larry Thompson, a state’s attorney representing the public hospital, told the judge Friday that the hospital recognized the Munoz family’s pain and rights, but said it had a greater legal responsibility to protect the fetus.

“There is a life involved, and the life is the unborn child,” Thompson said.

Former state District Judge Sharen Wilson sent a statement explaining that the district attorney only advises hospital officials.

But she added: “As [a] private citizen, Wilson would hope JPS would appeal and put the baby’s life first.”

Pro-lifers have set-up a Facebook page for Marlise and her baby and are planning a protest,

Fox Story 2

According to the group, Operation Rescue, they plan to protest outside the hospital Sunday afternoon in opposition to the unwarranted killing of Mrs. Munoz andd her baby.

They also plan peaceful sit-in is planned in the office of Robert Earley, President and Chief Executive Officer of JPS Hospital. The sit-in participants are willing to engage in peaceful civil disobedience in order to encourage the hospital to appeal the horrific decision by Judge R.H. Wallace, Jr. to remove life support from Mrs. Munoz and her baby.

A recent study has shown that babies in similar circumstances have about a 50% survival rate. All that is needed is just a few more weeks until baby Munoz can be safely delivered and cared for properly.

Operation Rescue has more than one couple who have volunteered to adopt Baby Munoz, whether or not he or she is born with health problems.

Please join national pro-life leaders, Troy Newman, President of Operation Rescue, and Pastor Stephan Broden of Fair Park Bible Fellowship and Founder of National Black Pro-Life Coalition, on Sunday, January 26 at 4:00pm outside JPS Hospital, located at 1400-1598 S. Main Street, Fort Worth, Texas 76104.

“As Christians, we are compelled by faith to intervene on behalf of Mrs. Munoz and her child in obedience to Proverbs 24:ll, which states, ‘Rescue those being led away to death; hold back those staggering toward slaughter,'” stated Newman. “The law that was meant to be on the side of Baby Munoz has failed to protect the most vulnerable. We cannot in good conscience stand idly by while this injustice wrongly takes two innocent lives.”

“We must make every attempt to save this baby. He or she is a person, guaranteed protection under the constitution. There is an alternative for the family. There are families willing to take the baby and provide a safe place for it to grow in a loving environment,” said Pastor Broden. “If we err, we should err on the side of life.”

Judge orders brain dead pregnant mom removed from life support – pro-lifers respond

Posted in Life Support with tags , , , , , , on January 24, 2014 by saynsumthn

Update at 4:17 p.m.:

District Judge R.H. Wallace ruled Friday afternoon the brain-dead, pregnant mother being kept alive at John Peter Smith Hospital in Fort Worth should be removed from life support.

The state could appeal before the decision can be carried out!

Judge Wallace said Mrs. Muñoz must be removed from life support by 5 p.m. Monday.

Muñoz husband, Erick Muñoz, declined to comment as he left the courtroom. His attorney Jessica Janicek said justice was done.

Larry M. Thompson, attorney for the hospital, referred comment to JPS.

Munoz’s other attorney, Heather King, would not discuss the hospital’s argument, noting that JPS had the option to appeal the decision by Monday afternoon.

Read more from the DMN and WFAA.

District Judge R.H. Wallace listened to an hour of arguments Friday afternoon, and both sides agree that Marlise Muñoz’s fetus is not viable and she is dead.

It’s whether she’s been “pronounced” dead that appears to be the sticking point.

Fox Story

“I respect JPS’ arguments in trying to follow the law,” the judge said, “but every section doesn’t apply to someone who is dead.”

Attorneys for John Peter Smith Hospital and Erick Muñoz presented their cases about the right of the fetus to live and the right of the mother to die.

Fox Story 2

Read on FOX

Operation Rescue issues the following statement in response to Judge R.H. Wallace, Jr.’s ruling this afternoon ordering John Peter Smith Hospital to terminate life support to Marlise Munoz and thereby kill her pre-born baby. This statement is attributable to Troy Newman, President of Operation Rescue.

We are appalled by Judge Wallace’s order to terminate life support for Marlise Munoz and her baby. The order is the equivalent of signing a death sentence for Baby Munoz. We utterly reject the false notion that Marlise’s body is a rotting corpse, which is impossible since a decaying body cannot support the life of a baby for weeks, as Marlise has.

Killing people because they are disabled is wrong, and dangerously devalues all life. We condemn in the strongest terms this order to fatally discriminate against this disabled mother and her baby, especially in light of the fact that there are people standing by to adopt the baby knowing that the child will have special needs.

Texas Alliance for Life Tweeted: We’re saddened by the judge’s order to remove the life support from #MarliseMunoz. Decision fails to recognize interests of the unborn child

PREVIOUSLY THIS WEEK:

Attorneys for the family of a pregnant Haltom City woman who has been on life support at John Peter Smith Hospital for eight weeks issued a statement late Wednesday that the fetus is “distinctly abnormal.”

munoz family

“[T]he fetus is distinctly abnormal,” said Muñoz family attorneys Heather King and Jessica Janicek in the statement. “Even at this early stage, the lower extremities are deformed to the extent that the gender cannot be determined.”

Munoz Statement

The attorneys say the fetus has hydrocephalus (water on the brain), and a possible heart problem, though details can’t be determined “due to the immobile nature of Mrs. Muñoz’s deceased body.”

The fetus, which was deprived of oxygen for “an indeterminate length of time, is gestating within a dead and deteriorating body as the horrified family looks on,” the attorneys said.

Marlise Muñoz, 33, was 14 weeks pregnant when she collapsed Nov. 26. She was taken to JPS, where doctors told her husband that she was brain-dead. He and other relatives asked that life support be removed.

The attorneys ended the statement reiterating the complaints filed in the suit are not directly related to the condition of the fetus, but rather to the vital status of the mother, saying the statute requiring life-sustaining measures for a pregnant patient “does not apply to the dead.”

“Were that to be true, then it would be incumbent upon all health care providers to immediately conduct pregnancy tests on any woman of childbearing age who becomes deceased, and upon determining the deceased body was pregnant, hooking the body up to machines in an attempt to continue gestation,” the statement reads. “Surely, such a result was never intended nor should it be inferred.”

Fort Worth attorney Trent Loftin, who isn’t connected to the case, said he believes Friday’s hearing in front of District Judge R.H. Wallace likely won’t be the end of the case.

“I think whatever the judge decides, the other side will appeal to the second court of appeals and eventually to the supreme court of the state of Texas,” Loftin said.

Pro-life citizens of Texas recently rallied in support of the Texas law saying the law protected life. (click here for more quotes, vids and pics of that rally

Renee Pic1014404_720833104616335_1418685574_nIMG_0658

Pastor Stephen E. Broden of Fair Park Bible Fellowship and Founder of National Black Pro-Life Coalition told supporters, “There is a baby, the baby is alive…There is an alternative for the family. There are families willing to take the baby and provide a safe place for it to grow in a loving environment. If we err, we should err on the side of life,” he said.

WFAA protest

“We feel great compassion for the family of Marlise Munoz and her pre-born baby. No one ever wants to be in their difficult and tragic situation,” said Troy Newman, President of Operation Rescue who suggested the vigil to local activists. “Marlise wanted this baby, and as long as there is a chance that he or she can be saved, we support John Peter Smith Hospital in their bid to follow the law and protect this baby’s life.”

January 22, 2014 Anderson Cooper’s panel discussed the Marlise Munoz case – the family wants her removed from life support which would kill the unborn child who at this point is almost 24 weeks along.


Anderson Cooper falsely states that Marlise Munoz had a written statement of her wishes and after the show he gave a statement of correction not showing on this video.