https://painkills2.wordpress.com/2015/04/06/this-is-what-desperation-looks-like/
Mon, Jun 1, 2015 2:49 am
To: Kathryn.Tucker@DRLC.LLS.edu, grace@bccla.org
From: painkills2@aol.com
Re: Potential non-terminal right-to-die case in the U.S.
Dear Ms. Tucker and Ms. Pastine:
I think it’s time that a right-to-die case is brought before a U.S. court involving a plaintiff suffering from a severe and incurable medical condition which is not terminal, especially now that Canada has shown us the way. I believe I am that plaintiff.
For 30 years, I have been tortured by constant, intractable pain. I have suffered even further from the medical industry’s attempts to treat it. As a former competitive gymnast, perhaps you can imagine why, at the age of 53, my body is broken and cannot be repaired — meaning the pain will only continue to get worse. Right now, I am able to take care of myself and preserve my precious independence, but I don’t know how much longer that will last.
I’m seeking legal representation to gain the right to die with what’s left of my dignity. Since I am disabled and poor, this case would have to be pro bono.
If you can’t help me, I would appreciate a response to that effect. I’ve had enough of advocacy groups and trying to find help through government agencies, so no referrals are requested. Thank you for your time in reading this email.
Johnna Stahl
Albuquerque, New Mexico
From: Grace Pastine
Sent: Monday, June 1, 2015 10:42 AM
Dear Ms. Stahl,
I am very sorry to learn of you condition and the pain you are living with. The advocacy work of my organization is solely focused on Canada. At the moment, we are working to ensure that the federal Parliament will enact legislation upholding the right to die with dignity within the Supreme Court of Canada’s deadline. The court gave Parliament 12 months to do so. I regret that we will be unable to help you. I wish you all the best.
Kind regards,
Grace
Grace Pastine
Litigation Director
Barrister & Solicitor
BC Civil Liberties Association
From: Kathryn L. Tucker
Sent: Mon, Jun 1, 2015 8:35 am
HI Johnna:
I am currently litigating a case in New Mexico, Morris v NM, about the right of mentally competent terminally ill patients to access aid in dying. If you have been following that case, you know we won a robust ruling under the state’s constitution in Jan 2014, and argued the appeal to defend this victory in Jan 2015; we await the ruling of the intermediate appellate court. Depending on outcome we may then see this case go to the state Supreme Court. This case is limited to mentally competent terminally ill patients. But it could create a foundation, potentially, for a case such as you propose. I would not pursue such until we see where Morris comes out.
KT
Mon, Jun 1, 2015 4:48 pm
To: Kathryn.Tucker@DRLC.LLS.edu, grace@bccla.org
From: painkills2@aol.com
Too bad I live in New Mexico, huh? Perhaps if I resided in a state that didn’t already have a right-to-die law, I would have a potential case. Unfortunately, one of the reasons I moved from Texas to New Mexico two years ago was because this state already had a right-to-die law (along with a Medical Cannabis Program, which it turns out I can’t afford).
It’s hard to find a reason to go on living when you suffer from constant pain, especially when you don’t have access to medications that can help manage the condition. The war against chronic pain patients is only going to get worse, so the future for us doesn’t look too bright. I was hoping a cause like this might help, but it looks like I’m out of options. Not that either of you can do anything about that.
Good luck in court and in Canada. I sincerely thank both of you for taking the time to respond.
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