Posted: 05/24/2010 at 9:52am | IP Logged

The smiling faces and catchy slogan fail to portray Carrie Johnson's life or death struggle with Wuesthoff Health System.

Judge Orders Hospital To Restore Patient’s Food and Water

Liberty Counsel

BREVARD COUNT, FL - Saturday, state Circuit Court Judge James Earp issued an emergency injunction ordering the Wuestoff Health System, Inc. (Hospital) to provide food and water to 83 year-old Carrie Johnson. Johnson recently suffered several strokes and was hospitalized on May 6th. On May 18th, against the objections of Johnson's son (Charlie Johnson) and granddaughter (Barbara Butler), the Hospital ceased administering food and water.

Liberty Counsel attorneys and attorney John Stemberger, working through the night, representing Johnson's son and granddaughter (who lived with Johnson from birth until age 18 and who still provides care for Johnson). Johnson did not execute a Durable Power of Attorney or any directive prior to her hospitalization. Throughout her life, Johnson told Barbara and Charlie that she wanted to be kept alive with basic medical intervention and treatment, including artificially provided sustenance and hydration, in the event she became unable to care for herself.

On May 18, 2010, the Hospital terminated food and water to Johnson, against the wishes of Johnson, Barbara Butler and Charlie Johnson. Until today, Johnson has been without food and water and is slowly dying. She is beginning to show signs of severe dehydration, including severely cracked lips and discoloration. She is in pain.

Barbara Butler saw the alleged Power of Attorney and immediately realized that the purported signature of Johnson is a forgery. Barbara Butler is very familiar with Johnson’s signature and handwriting and is certain that the signature is not Johnson's signature. Moreover, the Power of Attorney form was purportedly signed by Johnson well after her hospitalization, at a time when she was unable physically to sign it or mentally to understand the meaning and impact of her actions. However, when confronted by Barbara Butler, the Hospital refused to respond to the pleas of the son and granddaughter.

After the hearing Saturday, Judge Earp called the Hospital to advise that the Order to reestablish food and water was on its way and the Hospital should obey it. The administrator on duty said it would be "passed up to someone higher." When the attorney hand delivered the emergency Order to the Hospital this afternoon, the Hospital authorities escorted him off the property. It is still not clear whether the Hospital has obeyed the Order.

Mathew Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "Carrie Johnson’s life is hanging in the balance. This poor woman has gone four days without water. Dehydration is a painful way to die. I am astounded at the lack of compassion and common sense exercised by the Wuestoff Hospital officials. They appear more eager to open a new bed than to care for patients. When in doubt, healthcare providers must err on the side of life, not death." 

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Source:  lc.org

© 2010 Liberty Counsel

Editor's Note:  Some time references have been updated from the original version of this story.