MCCONNELL v. BEVERLY ENTERPRISES-CONNECTICUT,INC.

(13477), (13478), (13479)

209 Conn. 692 (1989)

JOHN E. MCCONNELL ET AL. v. BEVERLY ENTERPRISES-CONNECTICUT, INC., ET AL.

Supreme Court of Connecticut.

Decision released January 31, 1989.


Attorney(s) appearing for the Case

Richard J. Lynch, assistant attorney general, with whom were Henry A. Salton, assistant attorney general, and, on the brief, Joseph I. Lieberman, attorney general, and Robert E. Walsh, assistant attorney general, for the appellants in the first appeal (defendant attorney general, defendant commissioner of health services, and defendant chief medical examiner).

Susann E. Gill, assistant state's attorney, with whom, on the brief, were John J. Kelly, chief state's attorney, and Steven M. Sellers, assistant state's attorney, for the appellant in the second appeal (defendant state's attorney for the judicial district of Danbury).

Jerome A. Mayer, with whom was James M. Mannion, for the appellant in the third appeal (defendant guardian ad litem).

Steven A. Wise, with whom was Fenella Rouse, for the appellees (plaintiffs).

Ruth L. Pulda and Susan Price-Livingston filed a brief for the Connecticut Civil Liberties Union Foundation et al. as amici curiae.

Christopher J. Smith and James Michael Thunder filed a brief for the Committee to Protect the Rights of the Medically Dependent and Disabled et al. as amici curiae.

Emanuel Margolis, Fenella Rouse, Elena N. Cohen, M. Rose Gasner and Richard Wasserman filed a brief for the Society for the Right to Die, Inc., as amicus curiae.

Lawrence W. Berliner, senior staff attorney, filed a brief for the Office of Protection and Advocacy for Handicapped and Developmentally Disabled Persons as amicus curiae.

Giles R. Scofield III, Hilary Fisher Nelson and Sheila Taub filed a brief for the Concern for Dying as amicus curiae.

Andrew O'Neill, James Bopp, Jr., Mary M. Nimz, Daniel Avila and Teresa Kealy filed a brief for the Ethics and Advocacy Task Force of the Nursing Home Action Group as amicus curiae.

PETERS, C. J., HEALEY, CALLAHAN, GLASS and COVELLO, JS.


PETERS, C. J.

This case concerns the right of a family, on behalf of a patient who is presently in a terminal coma, to implement the patient's clearly expressed wish for the removal of a gastrostomy tube that is artificially providing nutrition and hydration for the patient. The plaintiffs, John E. McConnell, Kathleen A. McConnell, James M. McConnell and Amy L. McConnell, brought an action seeking injunctive and declaratory relief from the life support services being...

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