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- ETHICS, Page 64Bringing an End to Limbo
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- A Missouri court affirms Nancy Cruzan's right to die after
- hearing "clear and convincing" evidence to support the move
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- The cruel ordeal of Nancy Cruzan is finally drawing to an
- end. Last week probate judge Charles Teel Jr. ruled that the
- Missouri Rehabilitation Center could disconnect the feeding
- tube that has kept the woman alive since 1983, when a car crash
- left her in an irreversible coma. Since state officials have
- promised to abide by the ruling, the decision ends a legal
- battle that took the woman's parents all the way to the Supreme
- Court in their quest to "allow Nancy the dignity of death."
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- In a written statement, Joe Cruzan said that because of his
- daughter's travail, "I suspect hundreds of thousands of people
- can rest free, knowing that when death beckons they can meet
- it face to face with dignity, free from the fear of unwanted
- and useless medical treatment." At week's end he and his wife
- Joyce had decided to instruct the hospital in Mount Vernon,
- Mo., to remove the tube. Nancy, 33, is expected to die within
- two weeks of that action.
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- During the seven years the woman has lain in a vegetative
- state, her case has become a bellwether for right-to-die
- advocates across the U.S. They argue that decisions about
- whether to withhold food, water and medical treatment from
- hopeless and helpless patients should be left to families or
- guardians. While many states embrace such guidelines, Missouri
- law demands "clear and convincing evidence" of a patient's
- intent, such as a living will, before countenancing a decision.
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- Because Nancy had left no such document, her parents had to
- prove that she would have wanted the tube disconnected. When
- the case was first heard in 1988, Judge Teel weighed the
- testimony of friends and family, then granted permission to
- remove the life-sustaining apparatus. Four months later,
- however, the Missouri Supreme Court reversed the ruling,
- arguing that "vague and unreliable" recollections were
- insufficient proof of Nancy's intent. Last June the U.S. Supreme
- Court upheld a state's right to demand clear and convincing
- evidence in the matter, then returned the Cruzan case to the
- Missouri courts.
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- On Nov. 1, Teel heard new evidence. This time the Cruzan
- family's lawyer produced three witnesses who recounted specific
- conversations in which Nancy stated that she would not want to
- live "like a vegetable." Teel reaffirmed his decision.
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- Right-to-die groups hailed the move. "It's a belated
- victory," said Derek Humphry of the Hemlock Society. "She
- should have been allowed to die in the first year of her
- condition." Nancy Myers of the National Right to Life Committee
- countered that the ruling "represents a serious decline in how
- our society values human life." While the Cruzans' legal
- odyssey is ending, their struggle has persuaded many Americans
- to seek to avoid the same fate. Since the Supreme Court
- decision, right-to-die advocates report that inquiries about
- living wills have surged 500-fold.
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- By Jill Smolowe. Reported by Andrea Sachs/New York.
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