Mike Ervin: Ruben Navarro and Rethinking Donation of My Organs

Most of the time when I find something online that’s relevant to the NDY blog, I pull out an excerpt and point people back to the original article. First, because it’s written by Mike Ervin, who has written pieces featured in our humor section. This piece isn’t exactly humor, but it’s something that fits with some concerns I and others have had for quite awhile – those of us who have significant doubts about what we should do about that “organ donor” section on our driver’s licenses or ID cards.

And because the site that published this essay is operated by the National Spinal Cord Injury Association (NSCIA), I thought I might have a shot at getting permission to publish the piece in its entirety. In this, I was right. The permission was granted almost immediately, by NSCIA executive director K. Erik Larson. This isn’t surprising. NSCIA is an organization that has long combined “traditional” advocacy with support for- and allying with – disability rights activists (like NDY and ADAPT) on cutting-edge issues affecting the disability community.

So, without further delay, here is the latest from our friends Mike Ervin and NSCIA:

Our Top Story: Doctor Acquitted of Hastening Man’s Death to Obtain Organs

By Mike Ervin

It was one of those rare moments in life when we are presented with a no-brainer moral decision. I recently had my state ID card renewed. The woman asked me if I wanted it designated on my card that I want to be an organ donor. I said sure. How selfish would I be to take perfectly recyclable organs to my grave?

But now I want to find out how to officially rescind that decision. In fact, I want to find out if on the back of my card I can write in big red letters KEEP YOUR STINKIN’ HANDS OFF MY ORGANS!!!

It’s all because of the recent acquittal by a California jury of Dr. Hootan C. Roozrokh. He was charged with abuse of a dependent adult and could have gone to prison for eight years in connection with the 2006 death of Ruben Navarro. Navarro’s disability was adrenal leukodystrophy (ALD), which was depicted in the movie “Lorenzo’s Oil.” He was a nursing home resident and one day he was rushed to the hospital because he wasn’t breathing. He was put on a respirator but doctors took him off after only a few days.

Navarro‘s mother agreed to donate his organs and Roozrokh came to harvest them. The goal was to take out Navarro’s organs within 30 minutes after his death, when they are considered to be most beneficial. But when the respirator was disconnected, Navarro didn’t die.

So, according to the case, Roozrokh gave Navarro lethal doses of narcotics. But when he still didn’t die after 30 minutes, Roozrokh gave up and never extracted an organ. Navarro lived for another eight hours.

A prosecutor said Roozrokh “tried to accelerate [Navarro’s] death to facilitate the harvesting of his organs.” But a jury didn’t even think the single abuse charge brought against Roozrokh was worthy of any punishment at all.

Navarro’s mother, Rosa, reportedly said, “They mistreated him and they abused him and they took advantage of him and me. He didn’t die with dignity, and I didn’t have the chance to really say goodbye to him. I don’t think its right. These people need to pay for what they did to him.”

But it doesn’t look like anyone but Ruben and his loved ones will pay.

So now I’m wondering. I certainly don’t mind passing my organs on for others to enjoy. But I do want to make absolutely sure I’m absolutely finished using them first. That’s not too much to ask, is it?

But who’s going to watch out for my precious organs if I don’t? I sure wouldn’t count on any jury to do it. Apparently it’s not hard to find 12 people who can be convinced that trying to kill someone with a disability doesn’t even rise to the level of abuse.

Published: 2008-12-22

Republished from the NSCIA website with permission of the National Spinal Cord Injury Association (NSCIA). 1-800-962-9629 www.spinalcord.org

6 thoughts on “Mike Ervin: Ruben Navarro and Rethinking Donation of My Organs

  1. Donation after cardiac death, which is what was being done with Mr. Navarro, should be made illegal. If it had been at the time, Mr. Navarro would not have been subject to abuse and hastening of his death by this doctor. Donation after cardiac death redefines death in essence, because in the case of heart transplants they are saying a heart that can be restarted and used in someone else is dead for the purposes of transplant while it would not be dead if not being considered for transplant. Someone might have a DNR in which case their heart would not be re-started but when it comes to transplant, it is just wrong. I say this as a kidney recipient as of October 14th of last year who was sickened by the acquittal of Ruben Navarro’s doctor and of the lack of prosecution of other medical staff involved in his case.

  2. You think that’s bad. Apparently in Virginia they want permission (through Living Wills) to experiment on the elderly and disabled if their likely to die anyway. Charming.

  3. I know, I’m the female correspondent to Second Hand Smoke :). I live in Virginia. We also have futile care, the only state besides Texas. I lay it at the influence of the University of Virginia in this state’s capitol. UVA is where eugenics began and Virginia’s eugenics law is the one used by the Nazi’s as a model law. UVA still has a building named after a eugenicist in its hospital. Its law school is also influential.

  4. I am sure that because Dr.Roozrahk is Iranian, he was an easy target but I believe that he is not the one responsible for the horrendous death of Mr. Navarro. Carolyn Albright & the person who tricked Rubens mother into “giving consent” on the phone should be the one held responsible. The dr. was just doing as he was asked & trying to keep Ruben comfort-able. Just because a news organization puts something out there does not mean it is the truth. Lets hold those responsible who are and not go after innocents who are doing good work and showing true compassion.

  5. Kathryn,

    The news about some people getting ugly and irrational over the issue of Dr. Roozrokh’s family origins was not something I was aware of – and I never read any thing suggesting he was some sort of terrorist on any of the blogs I personally follow.

    I disagree with Roozrokh’s lawyer, btw, on at least one point. Based on what was known, *I* would have wanted to see a criminal investigation even if his name had been John Smith or Susie Creamcheese.

  6. I just watched the Dateline NBC program concerning Dr. Roozrokh and the case of Ruben Navarro. I believe this case demonstrates the grave concern that most people have when signing up to be an organ donor.

    Personally I used to be have my Florida drivers license issued to show that I was signed up for organ donation. I withdrew this last summer, long before watching this program, due to serious concerns I had developed since we have gotten to know an EMT in our area very well. The stories I have heard about deciding to “let the more seriously injured go because their organ donors” horrifies me and I wouldn’t at all be surprised if this is actually happening.

    After watching the Dateline program, it just confirmed my belief that my family and I have made the right choice in opting out of the organ donation program. While we may take much needed organs to our graves at least we’ll die without the medical vultures standing at the foot of our beds or, god forbid, hastening our deaths.

    Pamela from Florida

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