Judge dismisses Jehovah's Witness' "wrongful life" lawsuit - Dr. saved live with a blood transfusion

by Elsewhere 39 Replies latest jw friends

  • moshe
    moshe
    However, there is no cause of action for 'wrongful life' in the state of New York.

    JWs are required to commit WT sanctioned suicide, rather than accept a whole blood transfusion. Maybe she should just give some terminally ill people who want to live, all her organs and get the death she thinks she was rightly cheated out of. A heart, 2 kidneys, liver, lungs- she could save the life of 5 or 6 people easy.

  • NVR2L8
    NVR2L8

    Moshe,

    She probably still think organ transplant is cannibalism...

    WT lawyers are a source of income for the society...they took a chance to hit the jackpot...and all those donating to the Worldwide Work are footing the bill. Also R&F witness feel that the society will go out of their way to support them during their period of trial.

  • garyneal
    garyneal

    wow

  • GLTirebiter
    GLTirebiter
    Her husband, who had authority as her health-care proxy, signed the form on his wife's behalf, said court records.
    because she was already pregnant when she first saw Dr. Fuchs in September 2003 she wasn't a candidate to donate her own blood for storage
    Those documents said there was no dispute that Ms. DiGeronimo needed the transfusion to live.

    Why did this case take years in court? There was legitimate consent. It was necessary, medically appropriate treatment.

    I suspect this suit was filed, at least in part, as a CYA action to avoid being DF'ed: "It was the doctor's fault--I didn't want it, but he did it anyway!"

    I hope the doctor and hospital won a judgement for attorney's fees and court costs. It is a travesty that this suit was ever filed.

  • agonus
    agonus

    Yeah, sd-7, if Jesus came back and started miraculously healing terminally ill Dubs they would probably try to sue him for rerouting their approach to The New System Of Things...

    Only a group like The Watchtower would sue a guy like Mr. Incredible.

  • Adso
    Adso

    Hahaha. Quandry, thats gold.

  • carla
    carla

    I agree with jwfacts! -"What a dishonest waste of time and money. That woman is glad to be alive. She went to court simply to make herself look good for the elders. So much for upholding Jehovah's name, cases like this make people hate JWs."

  • Band on the Run
    Band on the Run

    Wrongful life is utterly against all legal concepts. No jurisdiction recognizes it. I wonder why she did not sue on the grounds that she did not consent to the procedure. She had a right to die. Imagine parents of disabled children suing for a wrongful life based on cerebral palsy, mentally disabled, etc. Wrongful life enters the religious sphere and departs completely from the secular.

    Pertinent details are missing. It reads to me as a device to get Witness teachings concerning blood repeated in the press.

  • Igot2bme
    Igot2bme

    She really didn't have a case to begin with if her husband signed the papers on her behalf, right?

    I agree with GL it shouldn't even went to court.

  • Band on the Run
    Band on the Run

    I don't think her husband could consent against her express wishes. Clearly, he could not. JWs should have clearly written advance directives. I assume she did not fill out any valid directives. NY and PA require not just your own statement but using their form. It probably is CYA. Can you imagine going through such a medical ordeal and then have to apologize for still being alive?

    We don't know all the details. I would say this is a textbook case of a frivoulous law suit. If a lawyer filed this, on this set of facts, the lawyer should be fined.

    I need to work on my own directives.

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