Assisted Suicide Advocates Advance Exploitation of Elderly Murder/Suicides for Political Gain

On September 1, the Missoulian published a story that is becoming all-too-familiar, titled “Fire investigation reveals ‘mercy killing in Libby“:

An investigation into a house fire in northwestern Montana took a grisly turn when authorities discovered the elderly couple living there were involved in a murder-suicide that police say was meant to be a mercy killing.

Authorities originally believed that Ted and Swanie Hardgrove, both 81, died in the Saturday morning fire that burned down their home in a rural area of Lincoln County north of Libby, where they had been longtime residents.

The bodies were taken to the state crime lab, where it was discovered that both Hardgroves had single gunshot wounds to their heads, Lincoln County Sheriff’s Capt. Roby Bowe said Wednesday.

Amid the charred wreckage, a gun was discovered near Ted Hardgrove’s body and a letter in which he explained his actions.

Authorities concluded that Ted Hardgrove shot his wife, set fire to the house and then shot himself, Bowe said.

“It was more an act of despair out of love. They both had medical issues. She was in a huge amount of pain,” Bowe said. “He could not take it anymore. He could not see her in that amount of pain anymore.”

Swanie Hardgrove had cerebral palsy and her suffering had grown intense in the days leading up to the shooting, Bowe said. She had been in and out of hospitals for some time and her treatment was not easing the pain.

Ted Hardgrove also had medical issues, although Bowe declined to elaborate.

As I’ve seen in other cases, part of the problem in how this article – and subsequent coverage – gets framed is a result of the careless and even irresponsible comments from a law officer, in this case Sheriff’s Captain Roby  Rowe.  His own account – sympathetic to the man who killed his wife and burned down his house – gives permission to everyone to refer to Swanie Hardgrove’s murder as a “mercy killing.”

It gets worse, though.

On September 4, a follow-up story appeared in the newspaper.  It begins with yet another sheriff describing Ted Hardrove’s murder of his wife as an act of mercy.  Then the tone and message changes.  The title of the article might give you a clue – “Libby shooting, arson tragedy puts focus on ‘aid in dying’“:

“What we want people to know,” said Steve Hopcraft, “is there is help and information out there.”

Hopcraft works with a nonprofit called Compassion and Choices, a group that offers free end-of-life planning, counseling and options.

“We believe that these tragic and violent deaths are 100 percent preventable,” Hopcraft said. “It’s a matter, really, of getting the information out.”

Information such as the fact that Montana is among three states – Oregon and Washington are the other two – where doctors are allowed to provide what’s known as “aid in dying.” They can prescribe lethal drugs to terminally ill patients, who can then choose whether and when to use the pills.

Voters in Oregon and Washington approved such measures, which come with safeguards and careful case reporting. In Montana, no such structure exists. Instead, the state Supreme Court ruled last New Year’s Eve that no public policy here prohibits aid in dying, so it’s legal but largely unregulated.

It’s also largely unknown, which is what Hopcraft hopes to change.

“Talking about death can’t kill you,” he said, “but it can help you have the peaceful death that everyone wants.”

His group provides counseling, and help with wills and advance directives. They lay out options, such as hospice, and involve entire families. And they do it for free.

“It’s just a phone call,” Hopcraft said. A toll-free call to 1-800-247-7421. “You can call any time, at each step along the way. Most of us are total amateurs when it comes to approaching death. We don’t know what the options are, or where to get information. Call us; we’ll help you understand what’s available, so you can make choices.”

Most of all, he said, Compassion and Choices helps people communicate. Doctors and patients, patients and family, family and physicians. “Because too often,” he said, “failure to communicate ends in less than optimal care.”

Or, more tragically, in an anguished couple choosing the only option they think is available.

Time for another Bullshit Alert.  Technically, there is no statute in Montana authorizing doctors to hand out lethal prescriptions to “terminally ill” patients.  But that is the least of the problems here:

  • There is no indication in either of the articles that this was something “the couple” decided, but was something that Ted Hardgrove planned on his own.
  • There is no indication that Swanie Hardgrove wanted to die or even knew that he planned to kill her.
  • Neither individual was ‘terminally ill.’

This looks a lot like other elderly homicides/suicides in which the husband is the perpetrator.  Some of the research on these killings was shared in an earlier blog entry (quoting researcher Donna Cohen):

“These are not acts of love. They are not compassionate homicides. They are acts of desperation and depression, other forms of psychopathology, or domestic violence.”

Dr Cohen’s research indicates that older men – who almost always initiate the acts – routinely proceed without their wife’s knowledge or consent. She says true pacts occur in perhaps one half of 1 per cent of elder homicide-suicides.

Of the hundreds of homicide-suicide deaths in the US each year, the rate amongst over 55s is twice that of under 55s. Homicide-suicides now account for about three per cent of all suicides, and about 12 per cent of homicides in the older population.

“One of our most distressing findings is evidence that older women who are killed are not knowing or willing participants,” says Dr Cohen. “Often they are killed in their sleep or shot in the back of the head or chest.”

Her research indicates that about a third of elder homicide-suicides occur in a context of domestic violence, an ugly contrast to the Norman Rockwell image of loving clan matriarch and patriarch.

The picture of the male perps isn’t exactly one of someone who would want to go to his physician and discuss how and why he wants to kill his nonterminally ill spouse.

But this coverage – and the slant that Conflation & Con jobs (aka “Compassion & Choices) has put on it shouldn’t come as a surprise.  I predicted as much earlier this year when the organization issued a press release exploiting a murder/suicide in Connecticut that uses the same themes, even some of the same phrasing.  In that case, the murdered wife had dementia.  Other than that, what I wrote at the time applies to this latest exploitation of a tragedy as well:

There are only two ways I can think of right now to interpret this cynical exploitation of a tragic situation:

1. C&C is testing the limits of the public’s gullibility.  They might be emboldened right now, seeing how the Final Exit Network – with its “open door” policy of suicide assistance to nonterminal old, ill and disabled people have gotten a sympathetic free ride in the press – and in many cases misreport the group as “aiding” people with “terminal illnesses.”  They might also have been pleasantly surprised at how the combined marketing efforts of HBO and CNN have repackaged Jack Kevorkian – from a lawless creepy ghoul to an eccentric champion for the terminally ill.  So maybe they’re keeping they’re fingers crossed that maybe the public really is too stupid to notice that the person who was killed wasn’t dying and didn’t ask to die.

2. It’s also possible that C&C is testing the waters with this release.  Anyone familiar with the passions of assisted suicide/euthanasia activists knows that the “terminally ill” limitation being promoted at present is just the first step in an incrementalist strategy.  Most of the supporters of assisted suicide and euthanasia want much broader “elegibility” – similar to the expansive eligibility in the Netherlands and Switzerland.

For another take on this situation, check this post by Wesley Smith at Secondhand Smoke.  –Stephen Drake

Important Legal Victory for People Under Guardianship in Pennsylvania

Last month, there was an important legal victory for people under guardianship in Pennsylvania.  The Supreme Court of Pennsylvania issued its ruling in the matter of D.L.H.  This appeal was made by the guardians of a man with developmental disabilities.  As reported in this 2009 blog entry, a lower court severely limited a guardian’s power to refuse life-sustaining treatment for someone who was neither in an “end-stage” condition related to disease or permanently unconscious.  The ruling applies to individuals who never had the decisionmaking capacity to have made choices to refuse treatments such as temporary use of a ventilator (to use one example).  But go back and read the original post for the full summary by Mark Murphy, Legal Director of the Disability Rights Network of Pennsylvania (DRNPA).

DRNPA filed an amicus brief in the Supreme Court case, and was joined by NDY, the Arc  of Pennsylvania, Achieva, Vision for Equality, Liberty Resources, Inc. and Pennsylvania Developmental Disabilities Council. 

Here is the brief victory message sent out to disability advocates from Mark Murphy:

The Supreme Court of Pennsylvania has issued its decision in In re D.L.H., which involved the issue of whether guardians may refuse to authorize life-preserving treatment to persons who 1) lack, and who may always have lacked, capacity to make personal health care decisions; and 2) are not in an end-of-life situation or permanently unconscious.


I am pleased to say that the Supreme Court has agreed with the arguments put forth by the Department of Public Welfare and supported by the amicus brief DRN filed on your groups’ behalf.  The holding of the court is as follows:
“We hold that where, as here, life-preserving treatment is at issue for an incompetent person who is not suffering from an end-stage condition or permanent unconsciousness, and that person has no health care agent, the Act [Act 169] mandates that the care must be provided.”

An easily accessible web-based copy of the decision has been posted at Leagle.com here.
The Court’s pdf version of the decision is here.

It looks like – for now, anyway, that’s one state that may provide relative safety for people under guardianship in regard to getting appropriate life-preserving medical treatment.  Unfortunately, that leaves a lot of states in which the status of people under guardianship status may be less protected – specifically in Connecticut and Wisconsin, where individual battles have been fought to protect the lives of people under guardianship.  Those are just the ones that we know of.  I suspect that there are problems in many other states.

Interestingly, this major court decision has gotten no mainstream press coverage.  There hasn’t been any comment or reaction from UPenn’s Art Caplan – a prominent bioethicist who writes on court decisions that relate to bioethics.  In fact, he published a column regarding the Betancourt decision in New Jersey.  In that column, he lists a lot of players that should be at the table hammering out sensible and transparent guidelines regarding the absolute limits of medical care (in other words, futile care policy).  Missing from the list is any mention of disability advocates – in this case the omission is especially interesting considering the number of disability advocacy organizations that got involved in the futile care case as co-amici.

I’ll be interested to see if he gets around to writing on important court decisions in his own state – Pennsylvania.  –Stephen Drake

NDY Concerns Included in US Human Rights Network Stakeholder Reports to UN Human Rights Council

Today – August 24, 2010 – The US Human Rights Network (USHRN) published a compilation of 26 stakeholder reports in response to the report on domestic human rights submitted by the US State Department to the United Nations Human Rights Council.

From the press release of the USHRN announcing the stakeholder reports:

The report on domestic human rights issues submitted to the United Nations Human Rights Council today by the State Department is a positive step, says the US Human Rights Network, but more work needs to be done in order to rectify well-documented human rights problems in the United States and ensure compliance with international human rights standards. In contrast to the federal report, a compilation of 26 stakeholder reports published by the US Human Rights Network reveals the full breadth and depth of human rights issues that U.S. citizens continue to confront on a daily basis.

The government report, prepared as part of the ongoing U.N. Universal Periodic Review (UPR) process, addresses some of the deficiencies in human rights policies and practices identified in consultations with civil society groups around the country earlier this year. However, it falls short of acknowledging the persistent infringements of human rights in the U.S., and the corrective measures touted in the report do not go far enough to guarantee a timely and thorough fix. “We welcome the Obama administration’s active participation in the UPR process,” says US Human Rights Network Executive Director Ajamu Baraka. “At the same time, we remain concerned that the report will be seen as an end point rather than a springboard to action.”

The Network’s comprehensive report on human rights in the U.S. highlights significant shortcomings in domestic compliance with international human rights standards, as well as U.S. obligations under multiple human rights treaties and agreements. That report, a compilation of 26 independent submissions covering a sweeping range of human rights topics, took almost a year to research and was endorsed by more than 200 organizations and hundreds of advocates across the country.

“Comparing the State Department report with the Network’s, it is clear that gaps remain in our
respective understanding of the issues and the solutions needed to resolve them” says University of Pennsylvania Law School Practice Associate Professor Sarah Paoletti, Senior Coordinator for the Network’s UPR Project. “We look forward to working with the Administration to narrow that gap in future months.”

Not Dead Yet was one of the stakeholder organizations involved in the Report on Human Rights of Persons with Disabilities.  Here is are the groups that participated in creating the document, followed by organizations that endorsed it:

Human Rights of Persons with Disabilities

Submitted by:

ADAPT
Center for the Human Rights of Users and Survivors of Psychiatry
Nationwide Organizing Call to Action: Stop Forced “Mental Health” Treatment
Not Dead Yet
Self Advocates Becoming Empowered
The Opal Project
The U.S. Network of Users and Survivors of Psychiatry

Endorsed by:

All About You Home Care; CAFETY; Center for Disability Rights; Dreamweavers Peer Support Inc.; Disability Rights Education and Defense Fund; Human Rights Caucus, Northeastern University School of Law; International Disability Alliance; Ithaca Mental Patients Advocacy Coalition (IMPAC); Justice Now; Leonard Peltier Defense Offense Committee; Mental Health Empowerment Project Inc.; Mind Freedom International; National Council on Independent Living (NCIL); New York Association on Independent Living; New York State ADAPT; New York State Independent Living Council; People’s Health Movement; Regional Center for Independent Living; South Bay Communities Alliance; The Icarus Project; Three Treaties Task Force of the Social Justice Center of Marin; Voices of the Heart, Inc.; We The People; World Network of Users and Survivors of Psychiatry

I would recommend that people take the time to read the entire report, which reflects the experience and concerns of many segments of the disability community in the US.  Below is an excerpt that is of direct relevance to readers who are concerned about the issues NDY gets involved in:

2) Non-voluntary and Involuntary Euthanasia
4. Third party decisions to withhold life-sustaining treatment, without the consent of the person concerned, are an increasing human rights concern. These decisions may be made by a surrogate appointed by a court or by operation of law, or a health care provider in opposition to an individual or surrogate decision in favor of treatment. In either case, current U.S. law does not adequately protect the individual‟s right to not be deprived of life.

5. First, with respect to decisions made by surrogates, other than those appointed by the individual through a document such as a durable power of attorney, constitutional standards must be met before life-sustaining treatment can be withdrawn. As discussed by the U.S. Supreme Court in Cruzan (1990)ii, it cannot be assumed that surrogates are able to represent patient wishes. Use of surrogate decision-makers instead of requiring a best attempt to discern the wishes of the person concerned is contrary to the recognition of the legal capacity of PWDs on an equal basis with others, as required by CRPD Article 12 (to which the U.S. is a signatory) and constitutes discrimination based on disability under UDHR Articles 2 and 6, and ICCPR Article 26.

6. Decisions by physicians and other health care providers to withhold life-sustaining treatment in opposition to the decision of the individual or their surrogate present an even clearer violation of constitutional and human rights. Nevertheless, approximately 40 states authorize such decisions in some form under health care laws adopted over the last decade. Often labeled “futility” provisions, they do not require an objective determination that a particular health care treatment is futile, but rather confer civil and criminal immunity from liability based on vague and undefined professional judgments that treatment is inappropriate,iii and increasing cognitive disability is a factor in such considerations.iv Such measures violate the right to life of people with serious medical conditions, who are a subset of PWDs, under UDHR Article 3 and ICCPR Article 6, as well as CRPD Article 10.

3) Physician-Assisted Suicide
7. Laws permitting physician-assisted suicide in the states of Oregon and Washington do not adequately protect people from deprivation of their life without consent because they empower the physician over the patient. A double standard exists, in which these laws facilitate suicide by PWDs whose quality of life is seen by physicians to be poor, particularly individuals with significant physical disabilities, while in other situations “suicidality” is attributed to mental illness and physicians are empowered to detain the person and administer compulsory mental health treatment. Both aspects of this double standard constitute disability-based discrimination.

8. Terminology such as „death with dignity‟ used to justify assisted suicide masks discrimination. While there are two existing laws that apply only to people predicted to die within six months due to terminal conditions, laws have been proposed in other states (e.g. New Hampshire) that include people with non-terminal disabilities.v People with terminal conditions constitute a subset of PWDs and, moreover, physician predictions are not always accurate.vi Furthermore, „indignities‟ are often described in terms that include people with non-terminal conditions as well, such as the need for assistance in daily activities like bathing and toileting. Like derogatory racist and sexist language, the equation of disability and “indignity” is an insult to the disability community.

9. The rhetoric of personal choice diverts attention from the fact that assisted suicide laws actually make physicians the gatekeepers of assisted suicide, granting them the power to determine who is eligible for assisted suicide and conferring blanket immunity for exercising that power based on a mere claim of “good faith.” In addition, the nominal safeguards in the law end at the point in which the lethal prescription is granted, with no requirements at the time the lethal dose is administered, raising concerns about involuntary administration by others in a society with a high prevalence of elder abuse by family members.vii

You can read the entire disability joint report here.

For more information, you can:

Read the entire compilation of 26 stakeholder reports here.

Just about every group stakeholder report discusses concerns that weren’t mentioned in the US Government’s submission – which can be found here.  –Stephen Drake

Introducing “Life Support” – a blog by Laura Hershey (and a tribute to Barb Knowlen)

Last month, friend and colleague Laura Hershey started a new blog hosted on the website of the Christopher & Dana Reeve Foundation titled “Life Support.”  Laura is a (quoting from her website) “writer, poet, activist, consultant.”  She is also a board member of Not Dead Yet and a friend.  She will be posting bimonthly.

Her latest entry is related to a recent one here.  Laura has posted a blog entry titled “Remembering Two More Heroes.”  She opens with the news of the death of Paul Longmore, and provides links to tributes and information about his life.

The bulk of her blog is given over to a tribute to Barb Knowlen, a long-time activist and advocate who died in late July.  As Laura notes, very little attention has been paid to her passing.

As I mentioned in my earlier post on Barb Knowlen, I knew her work, but had never met Barb at all.  Laura has intimate knowledge of Barb Knowlen’s work and the impact it had on people.

If you really want to know about the impact Barb Knowlen had on people’s lives – working to that end until shortly before her death – then you should really go read Laura Hershey’s latest blog entry.  You might want to bookmark the blog itself while you’re at it.  Blogs that are hosted on websites don’t always show up google news feeds reliably – just go check it yourself once a week or sign up to subscribe to the rss feed.  –Stephen Drake

NDY Attorney Anne Studholme discusses Betancourt Ruling on WHYY

I just received this in my news feed.  Taunya English at WHYY aired a piece on the Appellate Court Ruling on Betancourt v. Trinitas.  The case involved the effort of Trinitas Regional Medical Center in New Jersey to remove treatment from a patient over the objections of the family.  Having lost in a trial court, Trinitas – with support from other medical organizations – sought to have the trial court’s ruling overturned.  Since the court ruled the case moot due to the death of the patient, the trial court ruling stands.

Anne’s comments are at the end of the piece.  Comments from family attorney Todd Drayton are included, as well as remarks from Thaddeus Pope.

Anne Studholme’s comments:

Attorney Anne Studholme represents a coalition of disability rights organizations led by Not Dead Yet. In the appeal case, she argued on behalf of the group as a friend of the court.

Studholme: People with disabilities are quite sensitive to the sort of thinking which says, ‘Well, I wouldn’t want to live that way, therefore, he must not want to live that way.’ A lot of people say: Just try living that way for a while. You might find you prefer to live.

 Read the entire story here.

Just in: According to Thaddeus Pope, there is one article that reports the hospital hasn’t ruled out an appeal.

VN:F [1.9.3_1094]