PENNSYLVANIA COURT CASES:

• In Re (Daniel J.) Fiori:
  

  • Citation: 3 PA. 592, 673 A.2d 905 (Pa. 1996).
  • Holding: The Supreme Court of Pennsylvania, Eastern District, upheld a Superior Court ruling that consent of a close family member, with approval of two qualified physicians, is sufficient to terminate life-sustaining treatment of an incompetent adult in a long-term persistent vegetative state who has not previously expressed a view regarding life-sustaining treatment. The Superior Court rejected the Attorney General's arguments that a guardian ad litum must be appointed and that clear and convincing evidence must be shown that the patient would have withdrawn treatment under the circumstances presented, thereby requiring a court proceeding in every case.
  • Resource: Tube Feeding Options at the End of Life - Fiore case summary.
    

• In Re (Maria Isabel) Duran:

  • Citation: 769 A.2d 497, 502 (Pa. Super. 2001).
    
  • Issued: 02/21/01.
  • Holding: Patient (deceased at time of opinion), who expressed an unequivocal refusal of blood transfusion therapy in a durable power of attorney for health care, had a right to do so protected by Pennsylvania common law, so that trial court erred in appointing an emergency guardian to abridge this right.

• PA Trial Court Rulings:

  • In re Dyarman:
    

  • Citation: 51 Pa. D. & C.4th 249 (Cumberland Co., 2001).
  • Synopsis: Patient’s rights to decline electroconvulsive shock treatments upheld over psychiatrist’s view of her “best interests".

  • In re Helen E. Kauffmann:

    • Citation: 20 Fiduc. Rep. 2d 223 (Montgomery Co., 2000).
    • Synopsis: Patient’s clear direction to require aggressive medical care trumps health care agent’s decision to limit care.

• Pocono Medical Center v. Harley:

  • Citation: No. 3467 (Monroe Co., Dec. 14, 1990)