New York – A Washington hospital has asked a judge for permission to stop treating a brain-dead 12-year-old cancer patient, even though his ultra-religious New York parents want to keep him on life support.
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Motl Brody of Brooklyn was pronounced dead this week [reported by VIN News[ after a half-year fight against a brain tumor, and doctors at Children’s National Medical Center in Washington say the seventh-grader’s brain has ceased functioning entirely.
But for the past few days, a machine has continued to inflate and deflate his lungs. As of late Friday afternoon, his heart was still beating with the help of a cocktail of intravenous drugs and adrenaline.
That heartbeat has prompted Motl’s parents, who are Orthodox Jews, to refuse the hospital’s request to remove all artificial life support.
Under some interpretations of Jewish religious law, including the one accepted by the family’s Hasidic sect, death occurs only when the heart and lungs stop functioning.
That means Motl “is alive, and his family has a religious obligation to secure all necessary and appropriate medical treatment to keep him alive,” the family’s attorney wrote in a court filing this week.
The family has asked the hospital to leave the breathing machine on and keep administering drugs until the boy’s heart and lungs no longer respond.
Disagreements between families and medical providers over when to end care for terminally ill patients are common, experts say, but this case wound up in court with unusual speed.
Unlike Terri Schiavo or Karen Ann Quinlan, who became the subjects of right-to-die battles when they suffered brain damage and became unconscious, Motl’s condition has deteriorated beyond a persistent vegetative state, his physicians say. His brain has died entirely, according to an affidavit filed by one of his doctors.
His eyes are fixed and dilated. His body neither moves nor responds to stimulation. His brain stem shows no electrical function, and his brain tissue has begun to decompose.
“This is death at its simplest,” the hospital’s lawyers wrote in a court filing.
The hospital said it would help the family move what it called the boy’s “earthly remains” to another medical facility, but has found none willing to accept a brain-dead child.
The dispute wound up in court Sunday, when the family asked a federal judge to block the hospital from doing any further tests for brain activity.
The hospital responded by asking a District of Columbia Superior Court judge for permission to discontinue treatment.
Jeffrey I. Zuckerman, the attorney for Motl’s parents, says they have been “utterly shattered” by the hospital’s actions.
He stressed that the family’s demand for continued life support was based on their obligations under religious law, not an unrealistic hope that their boy will recover.
“You can always hope for a miracle, but if you are asking if they are in denial about their child’s medical condition, no, they are not,” Zuckerman said.
A hearing was scheduled for Monday, but Children’s National Medical Center said it would ask for a postponement until Wednesday.
“We respect the family’s beliefs, and have tried since the patient’s arrival in June to work closely with them in a spirit of mutual respect,” the hospital said in a written statement.
It added, however, that attempts to discuss end-of-life issues with the family had been complicated.
In recent days, hospital employees “have been inundated with harassing and threatening calls” regarding the case.
A substantial delay in resolving the disagreement may render it moot. The hospital suggested in legal filings that the boy’s remaining body functions will cease within weeks, if not days.
Dr. Edward Reichman, an associate professor of medicine at Albert Einstein Medical College in New York, said the question of how to accommodate religious beliefs regarding brain death comes up occasionally in New York, where there is a large population of Orthodox Jews.
While there is intense debate over whether to accept brain death as the spiritual end of life, hospitals usually find a way to work through it, he said.
“More often than not, the medical team … will accept the wishes of the family, especially if cardiac death is anticipated in a short window of time,” he said.
Arthur Caplan, a professor of bioethics at the University of Pennsylvania, said physicians aren’t obligated to provide care that can’t possibly be medically helpful.
“Doctors are well within their rights to say, ‘We are stopping,'” he said. “I don’t think medicine can become subservient to religious, spiritual or mystical hopes and beliefs concerning how to manage death.”
Does anyone know the email add where to write emails to the hospital, I think if everybody writes polite letters, they’ll relaize the amount of people in the case they’ll give in, BTW the NY times had a article today about this
My friend was there aug 28 the day he went home from the country and he past DC to visit the family in the hospital
Keep it up rabosai, don’t stop calling and emailing. LET MOTYL BRODY LIVE!!
It is disgraceful that the hospital has received threatening and menacing calls – hardly motivation to help the family.
If the body is decomposing – the article says the brain is doing so – what impact does that have on halacha?
Also there is ways through halacha to stop certain medications maybe a rav has to get involved to tell them right from wrong.
Oh Such a sad story!! I feel so bad for the family. “when the sword is by your throat don’t give up have faith in HASHEM” What’s the boy name I really want to daven for him.
The NY Times had today a listing of all rabonim that said that you are NOT aloud ti stop giving the medication, they know what you guys know they called all heimeshe rabonim and they all said that life is detirmined only on heart and lungs as per halacha not on the brain and thereefore we have to fight and fight. I agree that the emails should be written with some respect, (its true that the hospital was unbelieveable nice all along for the family and really tried to please them) but know we have to do everything to save his live! Yes we can! U r mechuyev to be mechallel shabbos for a patient in the matzav
I always thought that the Halacha was, “If the brain stem shows zero on a scale of 1-10. Then the brain IS DEAD. Even though medical machines are keeping the HEART pumping & LUNGS bringing oxygen through the body”. Whats NOT TO UNDERSTAND ?! If NO BRAIN ACTIVITY, THEN HALACHALY THE BOY IS NIFTA! Let the BODY be interred so the NESHOMA rise to the heavens! Those who think otherwise are grossly mis-informed. Will some Rav speak out & inform the masses!
Some of you are such chachumim its amazing. Dont you think they have asked shaylos on what to do? Why do you paskunyaks think they havent?
On a similar note, a relative of mine was in a coma in a very large NY hospital and we had a farshtinkina nurse coming over to us and saying things like, “you know he is gona die here?,” and brainless things like that. We told her the vort of v’rapai yerapei — that HKBH only gives them permission to heal people and not to decide when people are supposed to die. She was smart and walked away very quickly and quietly. Fin dest vegen, we made sure to file a complaint about her as soon as we had the chance.
thats his full yiddishe name?
Not sure I believe that the family wasn’t there sincy July or that the brain is decomposing. I think it’s one of those media things where they report half truths to make the religous look bad.
I wrote a letter, but it was respectfully written.
There have been cases where people who were labeled brain dead came back to life. Maybe this case is worse but we have to listen to chazal.
I remember such a case with an older patient and the Posek Hador, Rav Yosef Sholom Eliyashiv shlit”a, giving a brilliant suggestion which everyone was pleased with. I think the parents should also contact Rav Eliyashiv shlit”a.
I happen to know the family well , and to say they were not there since july is a lie. The parents have been at his bedside from the begining of this ordeal and have not left since. May Motl have a Refua Shlaima Bekorov.
Guys talking disrespectfully is never a good idea and is always wrong, you can disagree with anyone but to threaten and harass is inexcusable, you can also make it tough on others that may be there by acting in such a way from miles away. You can make your point respectfully and win more sympathy and hopefully accomplish your goals and thats the right way to deal with anyone in any situation. I can understand its a emotional thing and thats normal but one has to know how to keep emotions inside and treat everyone with respect… the way you want to be treated as well.
SamTheManInBocaRaton Says:….
Sam, most Frum rabbonim do not agree with what you wrote. Yes, some in AY have ruled that way, but the majority of poskim hold we can even be mechallel Shabbos to try to keep him alive even at this point. It has nothing to do with a lack of understanding of the medicine or biology or science, just an understanding of Hashem’s will. We hold he is still 100% alive, even though we do understand that it may be completely hopeless to expect any improvement through teva.
Even if we KNOW he will be niftar in a matter of days or weeks, we must keep trying up to the last minute. May not make sense to us, but Hashem’s will is Hashem’s will, whether it is logical to our understanding or not.
This brain dead child is being kept alive because of a halachic (Torah) mandate.
Derech Eretz Kadma L’ Torah!
I just do not understand the chachma of calling the hospital with threats and acting in a menacing manner are yidden supposed to act like street tugs?
If the doctors’ report is correct, then this boy is beyond brain dead.
It would seem that the process of brain lysis has begun, which means that the brain has begun to liquefy.
While I understand why some Rabbonim would say that one may not disconnect life support, I wonder why the issur of lo sa’amod would apply here.
In other words, I understand why it might be assur for a Yid to disconnect, I wonder why one is obligated to stop the hospital from doing it.
I also wonder whether the Rabbonim who hold that this boy is still alive would allow a Cohen to enter his room.
The poor child is going through terrible suffering. There is an exact moment that the suffering will end and his ‘tikkun’ will be completed. There are rules for how we are to behave in these situations. We are not supposed to play G-d. The doctors always think they know everything. We have rules and regulations for a reason…Wait till they see whats on the other side…Tov Shebarof’im Le’Gehinnom
None of you have the right to pasken or to be rude to the hospital. Leave it to the family, the Rabbonim, friends & attorneys. Too much pressure by us uninformed but well-meaning Yidden isn’t going to help. All we can do is say Tehillim.
Sometimes, many time in fact, doctors use this ‘decomposing’ argument to attempt to portray death to families who are in denial. It is old hat, and not always factual. It is meant to elicit negative thoughts and emotions and intended to override religious thoughts. They believe that the religious thoughts are based upon the families’ denial of the patient’s situation, and if they could “just make them understand” that the situation is hopeless the family will stop being “unreasonable.” They do not understand the concept of simple obedience to Hashem’s word even with we are fully cognizant of the facts and are not in denial. Bottom line is that, even if, chas v’sholom the person’s guf is decomposing, halacha is halacha, and we must wait until halachic death occurs.
But, please keep in mind the horrific feelings this precious family is going through, and be careful in what we write here.
Another thought, the family may be visiting daily, but avoiding that doctor since they know his agenda. He, on the other hand, may be the one in denial saying if they don’t walk into his office, they are not there.
To # 29 As far as a Cohen goes, there is no denying that this child nebach is probably a “gosess” which would not allow a Cohen to go into his room or the hospital. However as far as keeping him alive there are different Halachos involved , please don’t try to mix up your P’sakim based on your lack of halachic knowledge.
THIS IS WHERE YOU CAN WRITE TO:
Children’s National Medical Center:
Main Hospital Address:
111 Michigan Ave., N.W
Washington, D.C 20010
[email protected] or [email protected] (Subject: DON’T TAKE MOTL BRODY OFF LIFE SUPPORT!)
Volunteer Services: 202-476-2062
Public Relations: 202-476-4500
General Information: 202-476-3000
Advocacy and Community Affairs: 202-476-4930
http://www.childrensnational.org/ContactUs/default.aspx
so sad to actually see the picture of the boy, makes it so surreal
Davining in the shuall on Rosh Hashna and hering the Father of this Child Say
SHLACH REFUEA SHLAYMA L’CHAYLY AMECHA You cannot STOP to davin
for Child MORDCHI DOV BEN MIRUM SHINDEL
IN THE MERIT OF KEEPING HIM ALIVE MY THE ALMITY G-D BLESS ALL THE STAFF AT THE HOSPATEL NEVER NEVER TO EXPERIANCE IT IN THER FAMELY
FROM A FREAND THAT CAERS
Mordechai dov ben miriam shaindel should have a miracle refuah shelaima.
i wrote a very respectful letter. we can only gain by being respectful and nice.
I am very familiar with this case having spent considerable time at that hospital this past summer and while I don’t know whether the parents have been there during the fall, I do know that they would return to New York for extended periods of time. There was a good reason for this, however, as they have six (I believe) other children to attend to and another family member was always there while the parents were gone.
I also know that the doctors, nurses and staff at Children’s hospital in DC have worked tirelessly not only to help Motl, but to help his parents and family as well. They have gone out of their way to enable the family to be in the hospital and maintain their Shabbat observance (which was sometimes very complicated) and to help them be as comfortable as possible during this difficult time.
So please do not speak lashon hara against the people at the hospital. Most of you have no idea how hard these people work and how difficult the job is that they do.
From the hospital’s perspective, there is nothing more that they can do and it is very expensive for the hospital to keep him alive. In a perfect world, that shouldn’t matter, but we don’t live in a perfect world so it does. According to medical science and American law, the child is technically dead, and while for most of us that is not the law to which we first adhere, we must try to understand the hospital’s point of view even as we disagree with it.
We should all pray for the family during this difficult and tragic time, and hope that Motl’s neshama can return to HaShem in peace, if that is indeed the plan.
I feel sorry for all involved. My example in this matzav is Yaakov Avinu, who, when he was about to die, called his sons around him, said what he had to say, put his feet up on the bed, and was nifter. No calling the Mitzraim Hatzolah, no kings physicians, just allowing the neshamah to return to it’s maker easily. I followed this path with my Father, A”H, when he was Gossessing in a nursing home. I refused to subject him to the torture of vent tubes, etc. He was very ill at the time and would not have been able to recover even with massive intervention. I chose after consultations to to just let him go naturally and I have no regrets. My hope is that when my turn comes, I will merit the same treatment. May Hashem only give us simchas in the future!
It’s shocking and appalling to see how many people on this site are so insensitive.
It’s shocking and appalling to see how many people on this site pass judgment without knowing the details.
If that was your relative CH”V how would you feel to have decisions that you spent months agonizing over and discussing with top poskim, insulted and derided by individuals who have no real knowledge of the case other than what they read in a news article.
THAT BOY MAY OR MAY NOT BE BRAIN-DEAD CH”V, BUT WE DO KNOW HIS HEART IS FUNCTIONING.
UNFORTUNATELY BESIDES YOUR BRAINS NOT FUNCTIONING, YOUR HEARTS ARE NOT FUNCTIONING EITHER!!!
“If you’re going to argue, make a coherent argument, otherwise keep quiet!”
-Yoily Voily
I would never ever want to be in this family’s shoes, the family must be special special because this is an incredible nisayon. Therefore it is important to manage their expectations. Those of you posting that you never know, there could be a neis and he recovers, that does not sound reasonable. I am davning that the RBSO should have rachamim on this boy and end his suffering. Lack of brain function means his lungs and heart will never function on their own bderech hatevah, and we should not daven for anything that is kneged hatevah.
Decades ago. a woman of my kehilla lay “brain-dead” in a hospital for over a year. Every day mishpachah members sat at her bed and told her family news. The doctors told them they were meshugah. Finally, she WOKE UP AND KNEW ALL THE NEWS THEY SAID TO HER! THE DOCTORS “DROPPED DEAD.”
Unfortunately she passed away some months later because she had become too weak and could not be brought back to health. But she had a great reunion with all of them, and with me as well. It was astounding.
[P.S. This case sounds worse – but who knows? It looks like the doctors DON’T!
heard of a source involved with the case and the family, “there were NO THREATS OR HARASSING phone calls whatsoever as far as to their knowledge”, this claim of being harassed, is apparently just a way of the hospital officials to play “nirdof” while they’re just the opposite
My sister was a cardiac intensive care nurse at Deborah Hospital near Lakewood 20 years ago. My sister told me several stories about so called brain dead people who woke up and walked out of the hospital.
about the story about Motl brody I was wondering why was he admitted in washington hospital, and not in NEw York city where he lives?
Just like each of you are unable to discuss the technical details of his medical condition because you haven’t been there to find out the details of his medical condition and you are also not doctors; so also none of you should be discussing the halachic decisions made by Rabbonim since you don’t know all the details and you are not poskim.
You can’t use your ‘common sense’ to make Halachik decisions. Halacha is the will of Hashem whether it makes ‘sense’ to you or not.
Unless you are a posek, you would be best advised to keep your mouths shut and use your mouthes to say Tehillim.
Thanks #36 for posting the info. I’d just like to add. Please everybody who’s considering sending, writing, calling or emailing the hospital. Please start and finish with a positive. I like what #41 wrote which would be a great line to finish off with: IN THE MERIT OF KEEPING HIM ALIVE MAY THE A-LMIGHTY G-D BLESS ALL THE STAFF AT THE HOSPITAL NEVER EVER TO EXPERIENCE IT IN THEIR FAMILY.
Please while trying to save a life, let’s make a Kiddush Hashem and may it be a Zchus for a Refuah Shelaimah for this precious little boy Mordechai Dov ben Miriam Shaindel