In re Fiori

17 Pa. D. & C.4th 558, 1993 Pa. Dist. & Cnty. Dec. LEXIS 251
Pennsylvania Court of Common Pleas, Bucks County·Decided February 3, 1993·No. no. 49355·Published

Opinion

SOKOLOVE, J.,

Daniel Joseph Fiori has been comatose for more than 17 years. He suffered brain injuries in an accident in June of 1971, and was comatose until 1972. After that he was confined to a wheel chair and was able to communicate verbally only by making certain sounds. In 1976, he suffered a second brain injury resulting in him becoming totally comatose again. Since that time, he has been in a vegetative state with no hope of improvement. He has no quality of life. He cannot move, speak or communicate. He cannot eat. He does not feel pain and has no sensory awareness. He has no cognitive or higher brain function of any kind.

The facts relating to Daniel Fiori’s present condition were presented without contradiction by a treating neurologist, Dr. William Stover Wiggins, and a neurologist, [559]*559Dr. David G. Cook, appointed by the court to submit an evaluation.

This matter came before us on the petition of Daniel Fiori’s mother, who was appointed the guardian of his person by decree of this court dated January 7, 1980, by which he was adjudged incompetent. The petitioner, his mother and guardian, sought to have us authorize the removal of an abdominal feeding tube and to discontinue all other medications and life-sustaining procedures based on her allegations that her son has had no meaningful existence, that the continuation of life support procedures serves no purpose, and that the withdrawal of these life-sustaining medical treatments would be consistent with her son’s wishes and desires at this time. We entered a decree on October 23, 1992, authorizing the discontinuance of life-sustaining procedures as requested and authorizing the Mayo Nursing & Convalescent Center to discontinue the use of the abdominal feeding tube and other medical procedures. By our order dated November 6, 1992, the original order was modified as a decree nisi to which the Commonwealth, represented by the attorney general’s office, has filed exceptions.

Two procedural issues are raised by the attorney general’s post-trial motions. These raise the question of the failure of the petitioner to notify the district attorney and the failure of the court to appoint a guardian ad litem. Neither of these issues was raised at the time of our hearing, and we deem, therefore, that they are waived. However, most significantly, we believe that the interests of the incompetent and of the Commonwealth are well-represented by the attorney general. Therefore, it is clear that there was no lack of representation of those interests which might oppose the position of the petitioner. As will be noted below, the contrary arguments are well-presented by the Commonwealth’s attorney.

[560]*560The real substantive issues in this matter involve us in serious and far-reaching considerations which go beyond the significance of this case alone. We have no precedent cases or guiding principles within the body of law of this Commonwealth regarding the specific issue involved in this case. When Mr. Fiori was involved in the first accident, he was 21 years of age. It is, therefore, not surprising that prior to his inability to communicate he expressed no intent or gave no directive about life-sustaining medical treatment. Since 1971, he has been in no condition to give any such direction.

Accordingly, the issue before us is whether we can rely upon and accept his mother/guardian’s request that we permit termination of these procedures as being consistent with what her son’s wishes would have been and in his best interests.

There are no reported Pennsylvania appellate cases involving the termination of life support of an incompetent who has not expressed his or her wishes in that regard while competent.

Free access — add to your briefcase to read the full text and ask questions with AI

In re Fiori, 17 Pa. D. & C.4th 558, 1993 Pa. Dist. & Cnty. Dec. LEXIS 251 (Pa. Super. Ct. 1993).

17 Pa. D. & C.4th 558 (In re Fiori) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Quinlan
355 A.2d 647 (Supreme Court of New Jersey, 1976)
In the Matter of Spring
405 N.E.2d 115 (Massachusetts Supreme Judicial Court, 1980)
Commonwealth v. Barnhart
497 A.2d 616 (Supreme Court of Pennsylvania, 1985)
Conservatorship of Drabick
200 Cal. App. 3d 185 (California Court of Appeal, 1988)
Superintendent of Belchertown State School v. Saikewicz
370 N.E.2d 417 (Massachusetts Supreme Judicial Court, 1977)
Foody v. Manchester Memorial Hospital
482 A.2d 713 (Connecticut Superior Court, 1984)
Hart v. Brown
289 A.2d 386 (Connecticut Superior Court, 1972)
In re Eichner
73 A.D.2d 431 (Appellate Division of the Supreme Court of New York, 1980)
In re Eichner
102 Misc. 2d 184 (New York Supreme Court, 1979)
Green Appeal
292 A.2d 387 (Supreme Court of Pennsylvania, 1972)
Barnhart v. Pennsylvania
488 U.S. 817 (Supreme Court, 1988)