Joseph Maraachli case
Encyclopedia
The Joseph Maraachli case refers to an international controversy over the life of Joseph Maraachli, commonly known as Baby Joseph, a Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 infant
Infant
A newborn or baby is the very young offspring of a human or other mammal. A newborn is an infant who is within hours, days, or up to a few weeks from birth. In medical contexts, newborn or neonate refers to an infant in the first 28 days after birth...

 who was diagnosed with a rare progressive and incurable neurologic disorder called Leigh's disease
Leigh's disease
Leigh's disease, also known as Subacute Necrotizing Encephalomyelopathy , is a rare neurometabolic disorder that affects the central nervous system...

. After Canadian doctors refused to perform a tracheotomy
Tracheotomy
Among the oldest described surgical procedures, tracheotomy consists of making an incision on the anterior aspect of the neck and opening a direct airway through an incision in the trachea...

, calling the procedure invasive and futile, Joseph's parents fought to have him transferred to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, arguing that while Joseph's disease was terminal, a tracheotomy would extend his life and allow him to die at home. After several months and efforts by American pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...

 groups, Joseph was transferred to a Catholic hospital in St. Louis, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...

, where the procedure was performed.

The successfully-obtained procedure extended Joseph's life for several months. Joseph died on Tuesday, September 27, 2011 at his home.

Background

Joseph Maraachli was born on January 22, 2010. His parents, Moe Maraachli and Sana Nader, immigrated to Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 from Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...

 in the 1990s, settling in Windsor
Windsor, Ontario
Windsor is the southernmost city in Canada and is located in Southwestern Ontario at the western end of the heavily populated Quebec City – Windsor Corridor. It is within Essex County, Ontario, although administratively separated from the county government. Separated by the Detroit River, Windsor...

, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

.

In 2002, the couple's 18-month-old daughter, Zina, died from a degenerative disorder. After undergoing a tracheotomy
Tracheotomy
Among the oldest described surgical procedures, tracheotomy consists of making an incision on the anterior aspect of the neck and opening a direct airway through an incision in the trachea...

, she was taken home and cared for by her parents for her final sixth months. Then when she was near death, her parents took her back to the hospital, hoping to make her as comfortable as possible.

Maraachli once repaired computers, but gave up this work to take care of his wife, who has lupus
Systemic lupus erythematosus
Systemic lupus erythematosus , often abbreviated to SLE or lupus, is a systemic autoimmune disease that can affect any part of the body. As occurs in other autoimmune diseases, the immune system attacks the body's cells and tissue, resulting in inflammation and tissue damage...

. The couple depended on Sana's disability
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...

 payments and support from her family.

Beginning of medical issues

When Joseph was around three months old, his parents said they noticed he couldn't eat or breathe properly, and wouldn't open his eyes or cry. In June 2010, they took him to a hospital in Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....

 a few miles away from Windsor, which is located directly on the Canada – United States border. At the Michigan hospital, he was diagnosed with a metabolic brain disease that the doctor said would make him developmentally delayed
Developmental disability
Developmental disability is a term used in the United States and Canada to describe lifelong disabilities attributable to mental or physical impairments, manifested prior to age 18. It is not synonymous with "developmental delay" which is often a consequence of a temporary illness or trauma during...

, and was treated, his health reportedly improving. However, in the car on the way back from a family trip to Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...

 in October 2010, he stopped breathing, so he was rushed to an emergency room in Ingersoll
Ingersoll, Ontario
Ingersoll is a town in Oxford County on the Thames River in southwestern Ontario, Canada. The nearest cities are Woodstock to the east and London to the west....

 and later transferred to the London Health Sciences Centre
London Health Sciences Centre
London Health Sciences Centre is a major teaching hospital in London, Ontario, Canada.It operates three hospital facilities:*University Hospital,*Victoria Hospital, and*South Street Hospital.-External links:* - Official site....

 (LHSC) in London
London, Ontario
London is a city in Southwestern Ontario, Canada, situated along the Quebec City – Windsor Corridor. The city has a population of 352,395, and the metropolitan area has a population of 457,720, according to the 2006 Canadian census; the metro population in 2009 was estimated at 489,274. The city...

.

Parents and doctors disagree

Tests and examinations on Joseph were carried out by eight specialists over a few weeks following his transfer to the LHSC. The doctors concluded that he was suffering from a "severe and progressively deteriorating neurological state" and was in a persistent vegetative state
Persistent vegetative state
A persistent vegetative state is a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. It is a diagnosis of some uncertainty in that it deals with a syndrome. After four weeks in a vegetative state , the patient is...

. They were in "unanimous agreement" that he did not have any chance of recovering and that there were no treatment options available to help him.

The parents disputed the conclusion that Joseph was in a persistent vegetative state, saying he responded to being tickled and jostled when he felt discomfort. The family wanted a tracheotomy for him, believing it would allow him to breathe on his own, and thus be taken out of the hospital so he could "die peacefully with mom, dad at home." They hoped the procedure could prolong Joseph's life by up to six months because it had extended his older sister Zina's life by six months when she was dying of the same condition. The couple also stated that, if their son was able to live longer due to the procedure, he would die "when God says he should."

The doctors at the hospital refused to perform a tracheotomy because they said it would needlessly protract Joseph's death and increase the risk of infection
Infection
An infection is the colonization of a host organism by parasite species. Infecting parasites seek to use the host's resources to reproduce, often resulting in disease...

, pneumonia
Pneumonia
Pneumonia is an inflammatory condition of the lung—especially affecting the microscopic air sacs —associated with fever, chest symptoms, and a lack of air space on a chest X-ray. Pneumonia is typically caused by an infection but there are a number of other causes...

, and other complications. Since the time of Zina's tracheotomy, more had been learned about the procedure, leading doctors to conclude it was not appropriate in Joseph's case. Dr. Douglas Fraser, a pediatric critical care specialist and the lead doctor handling the case, proposed that Joseph's breathing tube
Breathing tube
A breathing tube is a device or tool that can serve as a conduit for breathing. Various types of breathing tubes are available for different specific applications.Breathing tube may also refer to, or be part of:-Anatomy:...

 be removed, with the expectation that he would die soon afterward from his inability to breathe unaided. His parents refused to agree to this proposal.

Legal challenges

London Heath Services Centre directed the case to the Consent and Capacity Board of Ontario. It explained in a statement that it sought the Board's decision on "whether or not Joseph’s parents were complying with the principles for substitute decision-making under the provincial Health Care Consent Act in refusing to consent to the proposed treatment plan."

The hearing before the Board took place in January 2011. On January 22, the Board released its decision, holding that the course of action in the child's "best interests" would be "removal of the endotracheal tube without replacement, a Do Not Resuscitate
Do not resuscitate
In medicine, a "do not resuscitate" or "DNR" is a legal order written either in the hospital or on a legal form to respect the wishes of a patient to not undergo CPR or advanced cardiac life support if their heart were to stop or they were to stop breathing...

 order and palliative care
Palliative care
Palliative care is a specialized area of healthcare that focuses on relieving and preventing the suffering of patients...

."

The parents were ordered to consent
Consent
Consent refers to the provision of approval or agreement, particularly and especially after thoughtful consideration.- Types of consent :*Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and...

 to the removal of the breathing tube. They decided to appeal the Board's decision in the Ontario Superior Court of Justice
Ontario Superior Court of Justice
The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999...

, retaining a lawyer, Geoff Snow, through legal aid
Legal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...

. The case was heard by Justice Helen Rady on February 17, 2011. An hour after the lawyers delivered their arguments, Justice Rady returned with her decision, upholding the Board's decision as "reasonable" and dismissing the family's appeal.

Removal of the breathing tube had been scheduled for the morning of February 18, but Justice Rady moved the date to February 21, stating the intent of giving the family "adequate time to say their good-byes." The family were ordered to give consent for the breathing tube's removal by February 21.

On February 20, the family fired Snow, as he did not advise pursuing an appeal of Justice Rady's ruling. With the support of Alex Schadenberg of the Euthanasia Prevention Coalition, they took on a new lawyer, Mark Handelman. The family refused to consent to the breathing tube's removal, and thus it was not removed on February 21. Handelman attempted to negotiate Joseph's transfer to the Children's Hospital of Michigan
Children's Hospital of Michigan
Children’s Hospital of Michigan is a hospital located in Detroit, Michigan. It is part of the Detroit Medical Center. It is an international provider of pediatric neurology, neurosurgery, cardiology, oncology and diagnostic services including Positron Emission Tomography and MRI...

 in Detroit. The Children's Hospital initially accepted the request, but later chose to reject the request after receiving the baby's medical file.

On February 28, the London Health Services Centre put out a media release, stating it was willing to transfer Joseph to his home but would remove the ventilator once he was there. Handelman confirmed that the hospital had made such an offer, but objected to its public disclosure, stating it had been presented during confidential negotiations. He said Joseph's parents had already rejected the offer prior to the media release, considering it "unacceptable."

On March 1, it was revealed that Handelman was no longer representing the family, though he did not disclose the reason. The family retained another lawyer, Claudio Martini, on March 5, and he announced the following week that they planned to file an appeal of the Superior Court decision.

Transfer to the United States

Various pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...

 organizations such as Priests for Life
Priests for Life
Priests for Life is a Roman Catholic pro-life organization based in New York. It functions as a network to promote and coordinate pro-life activism with the primary strategic goal of ending abortion and euthanasia and to spread the Gospel of Life according to the encyclical of the same name...

, the Terri Schiavo
Terri Schiavo
The Terri Schiavo case was a legal battle in the United States between the legal guardians and the parents of Teresa Marie "Terri" Schiavo that lasted from 1998 to 2005...

 Life & Hope Network, and the American Center for Law and Justice
American Center for Law and Justice
The American Center for Law & Justice is a conservative Christian, pro-life group that was founded in 1990 by evangelical Pat Robertson.-History:...

, among others, began helping the family and began negotiating in March 2011 with hospitals around the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 to have Joseph transferred. Priests for Life announced it had secured a jet
Jet aircraft
A jet aircraft is an aircraft propelled by jet engines. Jet aircraft generally fly much faster than propeller-powered aircraft and at higher altitudes – as high as . At these altitudes, jet engines achieve maximum efficiency over long distances. The engines in propeller-powered aircraft...

 which was standing by to immediately fly the family to any American hospital willing to care for Joseph.

On March 14, 2011, Priests for Life announced it had secured a transfer to SSM
SSM Health Care
SSM Health Care is a Catholic, not-for-profit health care system with an international reputation as a pioneer in the use of quality measures to improve care. With 5,400 physicians and 22,000 employees in four states, SSM is one of the largest employers in every community it serves. It is located...

 Cardinal Glennon Children's Medical Center
Cardinal Glennon Children's Hospital
-Overview:Cardinal Glennon Children’s Medical Center is a not-for-profit 190-bed inpatient and outpatient pediatric medical center. As the nation’s only free-standing, Catholic children’s hospital, Cardinal Glennon has provided care for children regardless of ability to pay since 1956...

, a non-profit Catholic hospital in St. Louis, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...

, declaring victory in the "battle against the medical bureaucracy in Canada." Priests for Life also announced it would pay for Joseph's medical care at Cardinal Glennon.

Once Joseph was in Cardinal Glennon, Priests for Life said hospital officials were happy that Joseph was breathing mostly on his own, but the St. Louis Post-Dispatch reported that "Cardinal Glennon officials said they were 'puzzled' by those claims and said Joseph remained on a ventilator."

On March 21, 2011, doctors performed a tracheotomy on Joseph. He was expected to remain in the hospital for seven to ten days, then be transferred to a St. Louis pediatric specialty hospital, then be sent home with his family. Joseph was baptized
Baptism
In Christianity, baptism is for the majority the rite of admission , almost invariably with the use of water, into the Christian Church generally and also membership of a particular church tradition...

 the week of the tracheotomy. Maraachli and Nader are an interfaith couple, being Muslim
Islam
Islam . The most common are and .   : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...

 and Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...

, respectively; Maraachli said he wanted his son to be "raised in the religion of his mother."

Diagnosis

Doctors at the SSM Cardinal Glennon Children's Medical Center diagnosed Joseph with Leigh's disease
Leigh's disease
Leigh's disease, also known as Subacute Necrotizing Encephalomyelopathy , is a rare neurometabolic disorder that affects the central nervous system...

, a rare neurometabolic disorder which causes the degeneration of the central nervous system
Central nervous system
The central nervous system is the part of the nervous system that integrates the information that it receives from, and coordinates the activity of, all parts of the bodies of bilaterian animals—that is, all multicellular animals except sponges and radially symmetric animals such as jellyfish...

. The disease is usually inherited
Genetics
Genetics , a discipline of biology, is the science of genes, heredity, and variation in living organisms....

, but no genetic link for Joseph was found after his parents were tested. The Maraachlis lost an 18-month old child to the same condition eight years before Joseph was diagnosed. The doctors at the SSM hospital said the tracheotomy they performed gives Joseph a more stable airway, extra mobility and comfort, and protects his lungs.

Going home

On April 21, 2011, Joseph was transported from the hospital in St. Louis to his home in Windsor, Ontario. Priests for Life paid for all of the medical bills incurred and the return flight home.

At home, Joseph was breathing on his own and showed signs of consciousness, such as opening his eyes or moving around in response to his father's touch; his father said Joseph knew when he was holding him. Brother
Brother (Catholic)
A religious brother is a member of a Roman Catholic religious order who commits himself to following Christ in consecrated life of the church by the vows of poverty, celibacy, and obedience. A layman , he usually lives in a religious community and works in a ministry that suits his talents and gifts...

 Paul O'Donnell, a friend of the Maraachli family, says he had seen Joseph turn his head to his father when his father spoke, and to his mother when his mother spoke, and also said he had seen him throw temper tantrums such as when his diaper was changed. At one point in the presence of a Vancouver Sun reporter, Joseph's father held out his finger and Joseph grabbed it. With Joseph home, his father said, "I feel victorious. I feel I won and my baby's alive." O'Donnell described Joseph's condition at home as a miracle
Miracle
A miracle often denotes an event attributed to divine intervention. Alternatively, it may be an event attributed to a miracle worker, saint, or religious leader. A miracle is sometimes thought of as a perceptible interruption of the laws of nature. Others suggest that a god may work with the laws...

. Joseph's father said the fact that he had to travel to St. Louis to get care for his son angered him. However, the Vancouver Sun reported that he was positive about the outcome of his and others' efforts, and said he didn't think about when his son would die, but left that up to God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....

.

Death

Joseph lived more than 6 months after the tracheotomy, breathing on his own, and died peacefully in his sleep on September 27, 2011 at the age of 20 months. He had been living at home with his family since April 21, 2011. Fr. Pavone said, "This young boy and his parents fulfilled a special mission from God. Amidst a Culture of Death where despair leads us to dispose of the vulnerable, [the Maraachli family] upheld a Culture of Life
Culture of life
The phrase "culture of life" is a term used in discussion of moral theology, especially of the Catholic Church. Its proponents describe it as a way of life based upon the theological truth that human life at all stages from conception through natural death is sacred...

 where hope leads us to welcome and care for the vulnerable."

A private funeral for Joseph was held on September 28. He was buried beside his sister Zina at a cemetery in Windsor.

Aftermath

On October 4, 2011, the Maraachlis held a press conference with the Terri Schiavo Life & Hope Network in which Moe Maraachli said he was considering a request for an investigation and a lawsuit against the Canadian doctors who refused to treat and release Joseph, noting that the family incurred over $46,000 in legal fees during the ordeal. Maraachli said he was angry at the Canadian doctors but thankful for the Cardinal Glennon "angel doctors". Maraachli said Joseph wasn't suffering or in pain at home. The family and the Network are exploring ways to work together to promote the pro-life position with respect to end-of-life issues. Maraachli said he wants the Canadian medical system to change so that doctors are required to more seriously consider the wishes of the family of a dying family member. He said he would "go after" the Canadian doctors. Maraachli had a message for Joseph:

Impact

The case became a focal point for the ethical debate over the extent to which end-of-life care should be provided. The case draws many parallels to the Terri Schiavo case
Terri Schiavo case
The Terri Schiavo case was a legal battle in the United States between the legal guardians and the parents of Teresa Marie "Terri" Schiavo that lasted from 1998 to 2005...

, where a court ordered hydration removed from a woman in a vegetative state, in compliance with the consent authorized by her husband, despite protests from her parents. Ms. Schiavo subsequently died of dehydration. The Terri Schiavo Life & Hope Network, a foundation founded by Schiavo's family, was involved in the case. The international pro-life community rallied around the family, offering support and money to help pay for the medical costs.
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