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7/10/2006
Family fighting Houston hospital's efforts to remove life support
07/08/2006
Associated Press
The family of a 29-year-old woman who suffered brain damage after her breathing tube became disconnected is fighting a Houston hospital's efforts to remove her from life support.

In the case of Kalilah Roberson-Reese, doctors at Memorial Hermann Hospital are invoking Texas' futile care law, which allows hospitals to remove life support in cases deemed medically futile. Doctors decided she was in a vegetative state. The law, which requires that a hospital committee review the decision and give the family 10 days notice to find another facility to take the patient, has met with opposition in the past 18 months. There have been four public conflicts in Houston and others around the state.

"This case raises questions of whether the law might be used to bury mistakes," said Jerri Ward, an Austin attorney who this week asked a judge to stop Memorial Hermann from withdrawing life support from Roberson-Reese. "At the very least, there is an appearance of a conflict of interest that should preclude a futility review committee from making a life-or-death decision before an independent investigation is made."

Lawyers are studying Roberson-Reese's medical charts at her mother's request to determine whether to file a malpractice lawsuit. According to hospital medical charts, nurses discovered Roberson-Reese was unresponsive after finding her tracheal breathing tube had become disconnected June 12. That was more than a month after doctors performed an emergency cesarean section, trying to save the life of her 33-week fetus. The baby died.

After the operation, which was done when blood clots were found in her leg, Roberson-Reese remained in critical condition fighting life-threatening problems including kidney and heart failure.

On Thursday, Memorial Hermann agreed to temporarily drop its plans to remove Roberson-Reese's life support while it helps her family look for a long-term facility to take her. Officials promised to give Ward and the family seven business days notice if they decide to resume plans to withdraw life support. The agreement came just two days before the 1999 law would have allowed the hospital to end treatment. Her mother, Cynthia Deason, said hospital officials told her Friday that Roberson-Reese's Medicaid has run out, making transfer to another facility difficult.

"The hospital hasn't given any indication that they're looking out for Kalilah's interests," said Deason. "They're looking out for their own interests."

Deason said she wouldn't oppose her daughter's removal from life support after "some period of time" if it is clear she will never improve. In a statement issued Friday, Memorial Hermann said it was saddened for Roberson-Reese's family. It said life support was deemed medically inappropriate in light of her medical condition, which includes "irreparable lung damage and severe, irreversible brain damage."

Dr. William Winslade, an ethicist at the University of Texas Medical Branch at Galveston, said the case "raises questions about how quickly these decisions should be made in the face of potential litigation." ___

Information from: Houston Chronicle, http://www.houstonchronicle.com

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