"Big Business" and Assisted Suicide

By Margaret Dore, Esq., MBA*

Assemblyman Roger Hernandez was recently quoted as concerned that big business would use California's assisted suicide proposal, SB 128, to "guide people in that direction," meaning early death via a lethal overdose.

This is a valid concern.

I am an attorney in Washington State where assisted suicide is legal. Our law is based on a similar law in Oregon. Both laws are similar to SB 128, which seeks to legalize assisted suicide and euthanasia in California.

In Oregon, it is well documented that Oregon's Medicaid program uses coverage incentives to steer people to suicide.  See Affidavit of Oregon doctor, Ken Stevens, pp 3-4 athttps://maasdocuments.files.wordpress.com/2014/08/dr-stevens-affidavit_001.pdf  With legal assisted suicide, private health plans have this same ability.  Dr. Stevens states:

If assisted suicide is legalized in [your state], your government health plan could follow a similar pattern.  Private health plans could also follow this pattern.  If so, these plans would pay for you and/or your family to die, but not to live.  (Emphasis added).

Id, ¶16.

Dr. Stevens also notes that the mere presence of legal assisted suicide steers people to suicide, which was the case with his patient Jeanette Hall.  Her cancer treatment was fully covered, but with the existence of Oregon's law, she nonetheless became adamant that she would kill herself.  Dr. Stevens convinced her to be treated instead.  (Affidavit, ¶¶ 5-9).  She is alive today, fifteen years later.

As for Assemblyman Hernandez's specific "big business concern," in 2013, a Montana State Senator made a similar observation:

I found myself wondering, Where does all the lobby money come from?  If it really is about a few terminally ill people who might seek help ending their suffering, why was more money spent on promoting assisted suicide than any other issue in Montana?

Could it be that convincing an ill person to end their life early will help health insurance companies save a bundle on what would have been ongoing medical treatment?  How much would the government gain if it stopped paying social security, Medicare, or Medicaid a few months early? [it could actually be years earlier].  How much financial relief would pension systems see?  Why was the proposed law to legalize assisted suicide [SB 220] written so loosely?  Would vulnerable old people be encouraged to end their life unnecessarily early by those seeking financial gain? 

http://www.montanansagainstassistedsuicide.org/2013/06/beware-of-vultures-senator-jennifer.html

Finally, there is the expansion issue. In Washington State, we have had informal "trial balloon" proposals to expand our law to non-terminal people. For me, the most disturbing one was in the Seattle Times, which is our largest paper. A column suggested euthanasia as a solution for people without funds in their old age, which could be any of us, say if the company pension plan went broke.**

Assemblyman Hernandez is right to be concerned about what could happen to his constituents if SB 128 is passed.

Don't let California make Washington and Oregon's mistake.  Urge your legislators to vote "NO" on SB 128.

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* Margaret Dore is a former Law Clerk to the Washington State Supreme Court and the Washington State Court of Appeals.  She is a former Chair of the Elder Law Section of the ABA Family Law Committee.  She also worked for a year with the United States Department of Justice.  She is president of Choice is an Illusion, a nonprofit corporation opposed to assisted suicide and euthanasia.  To learn more, see www.margaretdore.com and www.choiceillusion.org

**  Jerry Large, "Planning for old age at a premium," The Seattle Times, March 8, 2012 ("After Monday's column, . . . a few [readers] suggested that if you couldn't save enough money to see you through your old age, you shouldn't expect society to bail you out. At least a couple mentioned euthanasia as a solution.") (Emphasis added).https://choiceisanillusion.files.wordpress.com/2014/10/jerry-large_001.pdf

Attorney slams California suicide bill

FOR IMMEDIATE RELEASE

Dore: “Even if you like the concept of assisted suicide, SB 128 is the wrong bill.”

Contact: Margaret Dore (206) 697-1217

Seattle, WA -- Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide legalization efforts in many states and now California, made the following statement after the California Senate Appropriations Committee passed SB 128 on May 28, sending the assisted suicide bill to the Senate floor.

"SB 128 is sold as giving people an 'end of life option,’” Dore said. “The fact is this bill is about ending the lives of people who aren’t necessarily dying anytime soon, and giving other people the ‘option’ to hurry them along."

Dore, an attorney in Washington State where assisted suicide is legal, explained, “In my law practice, I started out working in guardianships, wills and probate, and saw abuse of all kinds, especially where there was money involved (where there's a will, there are heirs). Then, in 2008, I got dragged to a meeting about our assisted suicide law and saw the perfect crime: your heir could help sign you up, and once the lethal dose was in the house, there was no oversight. Not even a witness is required. If you struggled, who would know?"

California: Memo to Senate Appropriations Committee: "Vote 'NO' on SB 128: The financial impact is potentially 'enormous.'"

By Margaret K. Dore, Esq., MBA

To view a pdf version,  please click here.

A. Introduction

SB 128 seeks to legalize physician-assisted suicide.  The bill is based on a similar law in Oregon, which was enacted in 1997.  In Oregon, the law is rarely used, but since passage, there has been a significant increase in other (conventional) suicides.  This increase is consistent with a suicide contagion in which legalization and promotion of physician-assisted suicide has led to an increase in other suicides.  Moreover, the financial cost is “enormous.”  A government report from Oregon states:

In 2010 alone, self-inflicted injury hospitalization charges exceeded 41 million dollars.

This Committee must vote NO unless the proponents can show that California will not have a similar increase in conventional suicides. Otherwise, the financial cost in California could be “enormous.”

California: "SB 128 has the potential for a large and adverse financial impact."

LETTER submitted to the Senate Appropriations Committee (edited for the web):

Please accept this cover letter and memo in opposition to SB 128 for the purpose of the May 11th hearing. 

Based on the "Oregon experience," passage of SB 128 has the potential for a large and adverse financial impact on the state of California.  The cover letter explains why as follows:

SB 128 seeks to legalize physician-assisted suicide. 

In Oregon, which has had a similar law since 1997, legalization is statistically correlated with an increase in other suicides.  This increase is consistent with a suicide contagion in which the legalization of one type of suicide (physician-assisted) has led to an increase in other (conventional) suicides.  Moreover, the financial cost is "enormous."  A government report from Oregon states:

"In 2010 alone, self-inflicted injury hospitalization charges exceeded 41 million dollars."  (Emphasis added).

Here are the full links:  

https://choiceisanillusion.files.wordpress.com/2015/05/dore-ltr-ca-sen-appr-com_001.pdf

https://choiceisanillusion.files.wordpress.com/2015/05/sb-128-senate-appropriations-memo-updated.pdf

Thank you for your consideration.

Margaret Dore, Esq., MBA, President
Choice is an Illusion, a nonprofit corporation
Law Offices of Margaret K. Dore, P.S.
www.choiceillusion.org 
www.margaretdore.com 
1001 4th Avenue, Suite 4400
Seattle, WA  98154

Choice is an Illusion has a New Website!

The website's purpose is to fight SB 128, which seeks to legalize assisted suicide and euthanasia in California.  To view the new website, please click here.

California: Vote NO on SB 128

To read a legal/policy analysis against SB 128, please click here.  To view supporting documentation,  please click here.

Key points include:

People "eligible" for assisted suicide/euthanasia may have years, even decades, to live, i.e., if they don't die of assisted suicide/euthanasia under SB 128.  The bill encourages people with years to live to throw away their lives.

The thrust of SB 128 is to protect doctors and other participants in a patient's death, including family members.  This is done in three ways:

VSED: Legal Complaint Alleges that Heirs Manipulated Doctors to Kill Father

Grim Complaint Against Kaiser Hospital

http://www.courthousenews.com/2012/02/06/43641.htm

By WILLIAM DOTINGA 

RIVERSIDE, Calif. (CN) - A son claims a Kaiser hospital ignored his wealthy father's power of attorney so the plaintiff's greedy siblings could collect multimillion-dollar inheritances. 

Hector Noval sued Kaiser Foundation Hospitals and affiliates, a doctor and two social workers on behalf of his father, Victorino Noval, who died in May 2010 after a "terminal extubation." Noval says his father had been involuntarily admitted to Kaiser's intensive care unit for pneumonia on April 28, 2010, while suffering from early-stage of Parkinson's and chronic obstructive pulmonary disease.

Before being hospitalized, Noval, 78, "lived in his own home, drove his own vehicle, and performed his own activities of daily living," according to the Superior Court complaint. "He was worth $60 million and had annual income of $3 million. He made investments and controlled his finances. He suffered from no neurological deficiencies. He did not have dementia or diminished capacity, He functioned independent of others. He was in no way nearing death, an irreversible coma, or a persistent vegetative state. Upon hospitalization, he only required temporary oxygen support while the pneumonia infection in his lungs cleared and he regained his strength. His condition was no more serious than that."

However, Hector Noval says, two of his sisters, Lourdes Frost and Tania Noval, told Kaiser doctors, "falsely and fraudulently," that their father had "'advanced' Parkinson's disease" and had been declining for 6 months before his hospitalization.

He claims that his siblings' false and fraudulent statements included "that he 'would not want to be hooked to a machine like a ventilator,' even if just temporarily, and that 'he had expressed this to [his] daughter both when he is well, and when not so well.' Frost and Noval told defendants that decedent 'would not [have] wanted to be resuscitated if he is to pass away ... he would want to die peacefully if that was to happen.' Each of these statements were untrue. Defendants performed no diligence into their veracity and accepted them as true."

Helium Hood Seller Pleads Guilty to Tax Fraud

http://www.latimes.com/news/local/la-me-suicide-lady-20111203,0,3503245.story

San Diego-area suicide kit seller agrees to stop sale of devices

El Cajon woman came under scrutiny when one of her products was found on a dead 29-year-old in Oregon.

By Richard Marosi, Los Angeles Times

December 3, 2011

Reporting from San Diego -- A former schoolteacher who sold suicide kits that she once touted as leaving people "eternally sleepy" pleaded guilty Friday to a tax evasion charge and agreed to stop encouraging people to commit suicide.

Sharlotte Hydorn mailed more than 1,300 of the so-called helium hood suicide kits to people around the world, concealing the true nature of the product by describing the boxes as "orchid humidifiers" or "beauty bonnets" or "plastic rain hoods" on U.S. customs forms, according to federal prosecutors.

The $60 kits actually contained a clear plastic bag, medical grade tubing and a how-to diagram. A customer would place the bag over his head, connect the tubing from the bag to a helium tank and turn the valve. Death would be caused by helium asphyxiation.

Hydorn, 91, who was once an elementary school science teacher, marketed the product to terminally ill people as a compassionate alternative. She admitted to federal agents, however, that she didn't verify the physical condition, age or identity of the people who ordered her product.

She drew scrutiny last year after one of her devices was found over the head of a dead 29-year-old man from Eugene, Ore. In May, federal agents raided her home in El Cajon, east of San Diego, where she assembled the kits with her son.

Investigators determined that the kits had been sold to at least 50 people in San Diego County since 2007. In 2010, four San Diego residents — none of them terminally ill — committed suicide using the kits, according to prosecutors.

Hydorn said she became interested in assisted suicide after watching her once-healthy husband die after a long battle with colon cancer 30 years ago. He died in a hospital bed, and she regrets not being able to respect his wishes to die in the comfort of his home.

Her product, Hydorn said, ends lives peacefully, leaving people "eternally sleepy."

In Oregon, where assisted suicide is legal under certain conditions, lawmakers have introduced a bill that would outlaw any device sold with the intent that another person use it to commit suicide.

Hydorn had failed to file federal income tax returns since 2007 and agreed to pay about $26,000 in outstanding taxes, prosecutors said. She faces a maximum penalty of one year in prison and is scheduled to be sentenced Feb. 26.

richard.marosi@latimes.com