Mordechai Dov Brody
Encyclopedia
Mordechai Dov Brody (1996 – November 15, 2008) was a 12-year-old Hasidic Jewish
boy from Brooklyn
. After a brain tumor
stopped his brain functioning, doctors declared him legally dead on November 4, 2008, but his parents refused to accept the legal definition of death on religious grounds because his heart
was still beating. The case became the center of a widely-publicized, but never resolved legal dispute between his parents, Eluzer and Miriam Brody, and Children's National Medical Center
, Washington, D.C.
filed by one of his doctors, Motl's condition had deteriorated beyond a persistent vegetative state
. He was pronounced brain dead
and was unable to breathe on his own without the help of a ventilator. His heart
beat on its own, but he required medication to maintain his blood pressure
(normally a function of the brain stem
). As a result, Brody's physicians wished to remove the boy from life support
, as they believed he was brain dead, which is the legal definition of death in the District of Columbia
.
, the parents are followers of rabbi Chaim Jacob Tauber, chief rabbinical judge of the Bobov Hasidic community in Brooklyn and they reject brain death as an indicator of death. They wanted their son to remain on a ventilator as long as his heart was beating. As the case deals with the definition of death, rather than the value of living in a permanent vegetative state, it was far more like that of Jesse Koochin
than that of Terri Schiavo
.
to affirm the doctors' decision that the boy could be taken off life support. Motl's parents challenged the hospital's assertion that Motl was dead, and claimed that doing so would be a violation of the Religious Freedom Restoration Act
. The judge heard initial arguments on November 10, but delayed issuing a decision until further hearings could be held. The family and the hospital also released a joint statement where they expressed their mutual hope for an out of court decision.
Hasidic Judaism
Hasidic Judaism or Hasidism, from the Hebrew —Ḥasidut in Sephardi, Chasidus in Ashkenazi, meaning "piety" , is a branch of Orthodox Judaism that promotes spirituality and joy through the popularisation and internalisation of Jewish mysticism as the fundamental aspects of the Jewish faith...
boy from Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
. After a brain tumor
Brain tumor
A brain tumor is an intracranial solid neoplasm, a tumor within the brain or the central spinal canal.Brain tumors include all tumors inside the cranium or in the central spinal canal...
stopped his brain functioning, doctors declared him legally dead on November 4, 2008, but his parents refused to accept the legal definition of death on religious grounds because his heart
Heart
The heart is a myogenic muscular organ found in all animals with a circulatory system , that is responsible for pumping blood throughout the blood vessels by repeated, rhythmic contractions...
was still beating. The case became the center of a widely-publicized, but never resolved legal dispute between his parents, Eluzer and Miriam Brody, and Children's National Medical Center
Children's National Medical Center
- Introduction :Children’s National Medical Center , is the only exclusive provider of pediatric care in the Washington, D.C., area and the only freestanding children’s hospital between Philadelphia, Pittsburgh, Norfolk, and Atlanta...
, Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
Position of the hospital
According to an affidavitAffidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
filed by one of his doctors, Motl's condition had deteriorated beyond 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...
. He was pronounced brain dead
Brain death
Brain death is the irreversible end of all brain activity due to total necrosis of the cerebral neurons following loss of brain oxygenation. It should not be confused with a persistent vegetative state...
and was unable to breathe on his own without the help of a ventilator. His heart
Heart
The heart is a myogenic muscular organ found in all animals with a circulatory system , that is responsible for pumping blood throughout the blood vessels by repeated, rhythmic contractions...
beat on its own, but he required medication to maintain his blood pressure
Blood pressure
Blood pressure is the pressure exerted by circulating blood upon the walls of blood vessels, and is one of the principal vital signs. When used without further specification, "blood pressure" usually refers to the arterial pressure of the systemic circulation. During each heartbeat, BP varies...
(normally a function of the brain stem
Brain stem
In vertebrate anatomy the brainstem is the posterior part of the brain, adjoining and structurally continuous with the spinal cord. The brain stem provides the main motor and sensory innervation to the face and neck via the cranial nerves...
). As a result, Brody's physicians wished to remove the boy from life support
Life support
Life support, in medicine is a broad term that applies to any therapy used to sustain a patient's life while they are critically ill or injured. There are many therapies and techniques that may be used by clinicians to achieve the goal of sustaining life...
, as they believed he was brain dead, which is the legal definition of death in the District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
.
Position of the parents
Although there is no consensus about what defines death in Jewish lawHalakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
, the parents are followers of rabbi Chaim Jacob Tauber, chief rabbinical judge of the Bobov Hasidic community in Brooklyn and they reject brain death as an indicator of death. They wanted their son to remain on a ventilator as long as his heart was beating. As the case deals with the definition of death, rather than the value of living in a permanent vegetative state, it was far more like that of Jesse Koochin
Jesse Koochin
Jesse Koochin was a 6-year-old boy from Utah who became the center of a legal battle between his parents, Steve and Gayle Koochin, and Primary Children's Medical Center in Salt Lake City....
than that of 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...
.
Legal proceedings
The hospital asked Judge William Jackson of the Superior Court of the District of ColumbiaSuperior Court of the District of Columbia
The Superior Court of the District of Columbia is the local trial court for the District of Columbia. It hears cases involving criminal and civil law. The court also handles specialized cases in the following areas: family court, landlord and tenant, probate, tax, and traffic offenses...
to affirm the doctors' decision that the boy could be taken off life support. Motl's parents challenged the hospital's assertion that Motl was dead, and claimed that doing so would be a violation of the Religious Freedom Restoration Act
Religious Freedom Restoration Act
The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 , codified at through , is a 1993 United States federal law aimed at preventing laws that substantially burden a person's free exercise of their religion. The bill was introduced by Howard McKeon of California and...
. The judge heard initial arguments on November 10, but delayed issuing a decision until further hearings could be held. The family and the hospital also released a joint statement where they expressed their mutual hope for an out of court decision.
Death
Motl died on November 15, 2008 after his heart stopped beating on its own, and he was buried on November 16. The court case was never resolved and, with Motl's death, is unlikely ever to be.Further reading
- "The Brain Death Controversy in Jewish Law" by Rabbi Yitzchok A. Breitowitz for more on Judaism's view of brain death