This case brought recognition to surrogate decision-making on behalf of minors and endures as an example of the confusion these kinds of cases can generate. On August of 1988, eight-month-old Sammy Linares swallowed a balloon and suffocated. He was taken to Rush-Presbyterian Hospital in Chicago where he was placed on a ventilator. It was finally determined that he had extensive, irreversible brain damage and was comatose (most likely in a persistent vegetative state). Against the wishes of both parents, the hospital refused to allow Sammy to be taken off the respirator, citing "hospital policy." After repeatedly pleading with the hospital to no avail, Rudy, the baby’s father, disconnected the respirator in December, only to have nursing staff reconnect it. Finally, on April 26, 1989, holding back hospital staff and police at gunpoint, Rudy disconnected the respirator from his 16-month-old son. Sammy died just 30 minutes later. Rudy then dropped the gun, and was taken into custody. He was immediately charged with first degree murder and assault with a deadly weapon. The grand jury threw out the murder charges, but Rudy was ultimately convicted of assault. [Source: 17 Law Medicine & Healthcare 295 (1989).]
Principles & Concepts: best interests, human dignity, right to life, benefits & burdents, proportionate/ disproportionate means, respect for autonomy.
