One Man's COVID-19 Death Raises The Worst Fears Of Many People With Disabilities
July 31, 2020 3:29 PM ET
https://www.npr.org/2020/07/31/89688226 ... sabilities
What Melissa Hickson says happened to her husband — and what the hospital says — are in conflict.
But this much is for sure: Michael Hickson, a 46-year old quadriplegic who'd contracted COVID-19, died at St. David's South Austin Medical Center in Austin, Texas, on June 11 after the hospital ended treatment for him and moved him from the intensive care unit to hospice care.
Melissa Hickson says her husband was denied potentially lifesaving treatment because doctors at the hospital made a decision based on their biases that, because of his disabilities, Michael Hickson had a low quality of life.
The hospital says it acted based on the man's dire medical prognosis and that it would have been pointless and cruel to give him invasive treatment.
Michael Hickson's death has become a cause among many with disabilities, an emblem of a medical system that they believe views their lives as having less value, even before a pandemic put doctors and hospitals under stress.
And now Hickson's death may get the scrutiny of a federal civil rights office.
ADAPT of Texas, a disability rights group in Austin, sent a complaint on July 24 to the federal Office for Civil Rights at the Department of Health and Human Services. And on Friday, the National Council on Independent Living filed a similar complaint to ask the Office for Civil Rights to open an investigation into Hickson's death.
"In Mr. Hickson's case, the issue is not abstract," the complaint says. "The treating professional for Mr. Hickson made a discriminatory determination that, due to his disabilities, Mr. Hickson's life would not be supported."
In addition to those formal complaints, two members of the U.S. House of Representatives from Texas expressed alarm. Rep. Chip Roy, a Republican, called the circumstances around Hickson's death "highly troubling." And Rep. Joaquin Castro, a Democrat, said Hickson's death "should be immediately investigated."
Since the start of the pandemic, the federal civil rights office has kept an eye on health care rationing. Specifically, it has warned states, doctors and hospitals that they can't place elderly and disabled people at the back of the line for care for COVID-19.
"We're concerned that stereotypes about what life is like living with a disability can be improperly used to exclude people from needed care," said Roger Severino, the Office for Civil Rights director, on March 28 as he announced guidelines for states and medical providers.
To do so, he warned, would violate laws — including the Americans with Disabilities Act and the Affordable Care Act — that guarantee the disabled and older people will not face discrimination when they need medical care.
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On June 5, Hickson went to see her husband in the ICU at St. David's South Austin Medical Center.
Michael Hickson was a quadriplegic who'd been diagnosed with COVID-19. Now he had pneumonia. A BiPap machine, a kind of ventilator that people often use in their own homes, was pushing air into his lungs to help him breathe.
Through the mask, he answered her questions with short answers. Would you like me to get you a Long Island iced tea, she joked. Yes, he said with a smile. Will you pray with me? Yes.
She asked him "to keep it in your mind: You will live and not die. You will live." She asked him to repeat the words with her and she saw, under the mask of the breathing device, his lips move as he repeated it with her.
She called the kids on the phone — their five teenage children — for a FaceTime conversation. They told their Dad what they were up to. The 16-year-old was excited she was going to get her driver's license.
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That day at St. David's hospital, on June 5, the medical staff had something to tell Melissa Hickson. They were going to stop treating her husband. And move him from the ICU to hospice care.
In the hallway, Hickson found the doctor. She asked why. And she recorded their conversation.
The recording is hard to hear, the doctor's voice a bit distant. But he tells Hickson: "The decision is: Do we want to be extremely aggressive with his care or do we feel like this would be futile?"
And then he adds: "As of right now, his quality of life — he doesn't have much of one."
Hickson challenges the doctor. "What do you mean?" she asks. "Because he's paralyzed with a brain injury, he doesn't have quality of life?"
"Correct," the doctor replies.
After a while, the doctor gives a different explanation: If we have to intubate him — put him on a more powerful ventilator — in his weakened condition, he's not going to survive.
That didn't make sense to Melissa Hickson. The hospital wasn't overwhelmed with COVID-19 patients. It didn't need to ration care. Her husband had dealt with pneumonia before, and other hospitals had successfully treated it.
Listen to the recorded conversation between the doctor and Melissa Hickson.
https://www.youtube.com/watch?v=jq-_gtjnzZg
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