From the Magazine
A Life-or-Death Situation
By ROBIN MARANTZ HENIG
As a bioethicist, Peggy Battin fought for the right of people to end
their own lives. After her husband’s cycling accident, her field of
study turned unbearably personal.
Photograph by Christaan Felber for The New York Times. Video by Margaret Cheatham Williams.
A Right to Die, a Will to Live:
As a bioethicist, Peggy Battin fought for the right of people to end
their own lives. After her husband’s cycling accident, her field of
study turned unbearably personal.
By ROBIN MARANTZ HENIG
Published: July 17, 2013
If Margaret Pabst Battin hadn’t had a cold that day, she would have
joined her husband, Brooke Hopkins, on his bike ride. Instead Peggy (as
just about everyone calls her) went to two lectures at the University of
Utah, where she teaches philosophy and writes about end-of-life
bioethics. Which is why she wasn’t with Brooke the moment everything
changed.
Christaan Felber for The New York Times
Brooke Hopkins in his modified bedroom. “You can get used to anything,” he says.
Photograph from Peggy Battin
Brooke Hopkins and Peggy Battin on vacation in the
1980s. At parties, one friend says, Brooke was “the one who ate the
most, drank the most, talked the loudest, danced the longest.”
Christaan Felber for The New York Times
“I still love him, that’s a simple fact,” Peggy
wrote. “What if he wanted to die? Can I imagine standing by while his
ventilator was switched off?”
Brooke was cycling down a hill in City Creek Canyon in Salt Lake City
when he collided with an oncoming bicycle around a blind curve,
catapulting him onto the mountain path. His helmet cracked just above
the left temple, meaning Brooke fell directly on his head, and his body
followed in a grotesque somersault that broke his neck at the top of the
spine. He stopped breathing, turned purple and might have died if a
flight-rescue nurse didn’t happen to jog by. The jogger resuscitated and
stabilized him, and someone raced to the bottom of the canyon to call
911.
If Peggy had been there and known the extent of Brooke’s injury, she
might have urged the rescuers not to revive him. Brooke updated a living
will the previous year, specifying that should he suffer a grievous
illness or injury leading to a terminal condition or vegetative state,
he wanted no procedures done that “would serve only to unnaturally
prolong the moment of my death and to unnaturally postpone or prolong
the dying process.” But Peggy wasn’t there, and Brooke, who had recently
retired as an English professor at the University of Utah, was kept
breathing with a hand-pumped air bag during the ambulance ride to
University Hospital, three miles away. As soon as he got there, he was
attached to a ventilator.
By the time Peggy arrived and saw her husband ensnared in the
life-sustaining machinery he hoped to avoid, decisions about
intervention already had been made. It was Nov. 14, 2008, late
afternoon. She didn’t know yet that Brooke would end up a quadriplegic,
paralyzed from the shoulders down.
Suffering, suicide, euthanasia, a dignified death — these were subjects
she had thought and written about for years, and now, suddenly, they
turned unbearably personal. Alongside her physically ravaged husband,
she would watch lofty ideas be trumped by reality — and would discover
just how messy, raw and muddled the end of life can be.
In the weeks after the accident, Peggy found herself
thinking about the title character in Tolstoy’s “Death of Ivan Ilyich,”
who wondered, “What if my whole life has been wrong?” Her whole life had
involved writing “wheelbarrows full” of books and articles championing
self-determination in dying. And now here was her husband, a plugged-in
mannequin in the I.C.U., the very embodiment of a right-to-die case
study.
An international leader in bioethics, Peggy explored the right to a good
and easeful death by their own hand, if need be, for people who were
terminally ill, as well as for those whose lives had become intolerable
because of chronic illness, serious injury or extreme old age. She
didn’t shy away from contentious words like “euthanasia.” Nor did she
run from fringe groups like NuTech, which is devoted to finding
more-efficient methods of what it calls self-deliverance, or Soars
(Society for Old Age Rational Suicide), which defends the right of the
“very elderly” to choose death as a way to pre-empt old-age
catastrophes. She also found common purpose with more-mainstream groups,
like Compassion and Choices, that push for legislation or ballot
initiatives to allow doctors to help “hasten death” in the terminally
ill (which is now permitted, with restrictions, in Oregon, Washington,
Montana and Vermont). And she testified in trials on behalf of
individuals seeking permission to end their lives legally with the help
of a doctor or a loved one.
At the heart of her argument was her belief in autonomy. “The competent
patient can, and ought to be accorded the right to, determine what is to
be done to him or her, even if . . . it means he or she will die,” she
wrote in 1994 in “The Least Worst Death,” the third of her seven books
about how we die.
Peggy traces her interest in death to her mother’s difficult one, from
liver cancer, when Peggy was 21. Only later, when she started in order
to write fiction in an M.F.A. program at the University of California,
Irvine, (which she completed while getting her doctorate in philosophy
and raising two young children) did she realize how much that event had
shaped her thinking. Her short stories “all looked like bioethics
problems,” she says, wrestling with topics like aging, mental
competence, medical research, suicide — moral quandaries she would be
mining for the rest of her life.
Fiction allowed her to riff on scenarios more freely than philosophy
did, so she sometimes used it in her scholarly writing. In “Ending Life:
Ethics and the Way We Die,” published in 2005, she included two short
stories: a fictional account of an aged couple planning a tandem suicide
to make way for the younger generation, until one of them has a change
of heart; and a story based on an actual experience in grad school, when
Peggy had to help a scientist kill the dogs in his psych experiment.
The point of including the second story, she wrote in the book’s
introduction, was to ground her philosophical arguments in something
more elemental, “the unsettling, stomach-disturbing, conscience-trying
unease” of being involved in any death, whether through action, as
happened in that laboratory, or acquiescence.
When Peggy finished her doctorate in 1976, the right-to-die debate was
dominated by the media spectacle around Karen Ann Quinlan, a comatose
young woman whose parents went to the New Jersey Supreme Court for
permission to withdraw her from life support. It helped Peggy clarify
her thoughts about death with dignity and shaped her belief in
self-determination as a basic human right. “A person should be accorded
the right to live his or her life as they see fit (provided, of course,
that this does not significantly harm others), and that includes the
very end of their life,” she wrote in one of her nearly 40 journal
articles on this subject. “That’s just the way I see it.”
That’s the way she saw it after Brooke’s accident too, but with a new
spiky awareness of what it means to choose death. Scholarly thought
experiments were one thing, but this was a man she adored — a man with
whom she shared a rich and passionate life for more than 30 years — who
was now physically devastated but still free, as she knew he had to be,
to make a choice that would cause her anguish.
“It is not just about terminally ill people in general in a kind of
abstract way now,” she wrote after the accident; “it’s also about my
husband, Brooke. I still love him, that’s a simple fact. What if he
wanted to die? Can I imagine standing by while his ventilator was
switched off ?”
Before the collision, Brooke was known for his gusto.
“At parties he was the one who ate the most, drank the most, talked the
loudest, danced the longest,” one friend recalls. A striking 6-foot-5,
he had a winning smile and a mess of steely gray hair and was often off
on some adventure with friends. He went on expeditions to the Himalayas,
Argentina, Chile, China, Venezuela and more; closer to home, he often
cycled, hiked or backcountry skied in the mountains around Salt Lake
City. In addition, Brooke, who had a bachelor’s degree and a doctorate
from Harvard, was a popular English professor who taught British and
American literature with a special fondness for the poetry of
Wordsworth, Shelley, Byron and Keats.
All that energy went absolutely still at the moment of his collision.
When Brooke woke up in the I.C.U., his stepson, Mike, was at the bedside
and had to tell Brooke that he might never again walk, turn over or
breathe on his own. Brooke remained silent — he was made mute by the
ventilation tube down his throat — but he thought of Keats:
The feel of not to feel it,
When there is none to heal it
Nor numbed sense to steel it.
“Those words, ‘the feel of not to feel it,’ suddenly meant something to
me in ways that they never had before,” he wrote later on a blog his
stepdaughter, Sara, started to keep people apprised of his progress. “My
suffering was going to be a drop in the bucket compared to all the
human suffering experienced by people throughout human history, but
still, it was going to be a suffering nevertheless.”
Brooke took some solace in Buddhism, which he began exploring when he
was in his 40s. A few weeks after the accident, a local Buddhist
teacher, Lama Thupten Dorje Gyaltsen, came to his hospital room. “The
body is ephemeral,” Lama Thupten declared, gesturing at his own body
under his maroon-and-saffron robe. He urged Brooke to focus on his mind.
At the time, it was a comfort to think that his mind, which seemed
intact, was all that mattered. It meant he could still be the same man
he always was even if he never moved again. But as much as he yearned to
believe it, Brooke’s subsequent experiences — spasms, pain,
catheterizations, bouts of pneumonia, infected abscesses in his groin —
have made him wary of platitudes. He still wants to believe the mind is
everything. But he has learned that no mind can fly free of a useless
body’s incessant neediness.
One gray morning in February, more than four years
after the accident, I met Brooke and Peggy at their home in the Salt
Lake City neighborhood known as the Avenues. Brooke rolled into the
living room in his motorized wheelchair. It was a month before his 71st
birthday, and his handsome face was animated by intense, shiny brown
eyes, deep-set under a bristly awning of brow. He was dressed as usual: a
pullover, polyester pants that snap open all the way down each leg, a
diaper and green Crocs. A friend was reading on a couch nearby, a
caregiver was doing her schoolwork in the kitchen and Peggy had
retreated upstairs to her office amid towers of papers, books and
magazines. She had finally gained some momentum on a project that was
slowed by Brooke’s accident: a compendium of philosophical writings
about suicide, dating as far back as Aristotle.
Peggy, who is 72, still works full time. This lets her hold on to the
university’s excellent health insurance, which covers a large portion of
Brooke’s inpatient care and doctor bills, with Medicare paying most of
the rest of them. But even with this double coverage, Peggy spends a lot
of time arguing with insurance companies that balk at expenditures like
his $45,000 wheelchair. And she still pays a huge amount of the cost,
including nearly $250,000 a year to Brooke’s caregivers, 12 mostly young
and devoted health care workers who come in shifts so there’s always at
least one on duty. Peggy says she and Brooke were lucky to have had a
healthy retirement fund at the time of the accident, but she doesn’t
know how many more years they will be able to sustain this level of
high-quality 24-hour care.
Scattered around the living room were counter-height stools that Peggy
picked up at yard sales. She urges visitors to pull them up to Brooke’s
wheelchair, because he’s tall and the stools bring most people to eye
level. About two years ago, Brooke used a ventilator only when he slept,
but following a series of infections and other setbacks, he was now on
the ventilator many of his waking hours, too, along with a diaphragmatic
pacer that kept his breathing regular. Earlier that morning his
caregiver adjusted the ventilator so he and I could talk, deflating the
cuff around his tracheostomy tube to allow air to pass over his larynx.
This let him speak the way everyone does, vocalizing as he exhaled. It
seemed to tire him, though; his pauses became longer as our conversation
went on. But whenever I suggested that we stop for a while so he could
rest, Brooke insisted that he wanted to keep talking.
What he wanted to talk about was how depressed he was. He recognized the
feeling, having struggled with bipolar disorder since adolescence. “It
takes a long time to get ready for anything,” he said about his life
now. “To get up in the morning, which I kind of hate, to have every day
be more or less the same as every other day . . . and then to spend so
much time going to bed. Day after day, day after day, day after day.”
Brooke has good days and bad days. When friends are around playing blues
harmonica or reading aloud to him, when his mind is clear and his body
is not in pain — that’s a good day. On a good day, he said, he feels
even more creative than he was in his able-bodied life, and his
relationships with Peggy, his two stepchildren and his many friends are
richer and more intimate than before; he has no time or patience for
small talk, and neither do they. Every so often he’ll turn to Peggy and
announce, “I love my life.”
On a good day, Brooke’s voice is strong, which lets him keep up with
reading and writing with voice-recognition software. A caregiver
arranges a Bluetooth microphone on his head, and he dictates e-mail and
races through books by calling out, “Page down,” when he reaches the
bottom of a screen. On a good day, he also might get outside for a
while.“I like to take long walks, quote unquote, in the park,” he told
me. “There’s a graveyard somewhat lugubriously next to us that I like to
go through,” pushed in his wheelchair by a caregiver with Peggy
alongside. A couple of years ago, he and Peggy bought two plots there;
they get a kick out of visiting their burial sites and taking in the
view.
But on bad days these pleasures fade, and everything about his current
life seems bleak. These are days when physical problems — latent
infections, low oxygen levels, drug interactions or, in a cruel paradox
of paralysis, severe pain in his motionless limbs — can lead to
exhaustion, depression, confusion and even hallucinations. As Brooke
described these darker times, Peggy came down from her office and sat
nearby, half-listening. She has bright blue eyes and a pretty, freckled
face fringed by blond-white hair. Most days she wears jeans and running
shoes and a slightly distracted expression. She takes long hikes almost
daily, and once a week tries to squeeze in a Pilates session to help
treat her scoliosis. Each body harbors its own form of decay, and this
is Peggy’s; the scoliosis is getting worse as she ages.
She walked over to us, bent crookedly at the waist, and gently kissed
Brooke’s forehead. “Depression is not uncommon in winter,” she said in
the soft voice she almost always uses with him. “It’s important to think
positive thoughts.”
“Basically I dislike being dependent, that’s all,” he said, looking hard
into her eyes. He spit some excess saliva into a cup.
“It’s something you never complain about,” she said. “You’re not a big complainer.”
“One thing I don’t like is people speaking for me, though.”
Peggy looked a bit stung. “And that includes me?” she asked.
“Yes,” he said, still looking into her eyes. “I don’t like that.”
She made an effort not to get defensive. “Well, sometimes that has to
happen, for me to speak for you,” she began. “But . . . but not always. I
try not to.”
Brooke seemed sorry to have spoken up; it was clear he didn’t want to
hurt her. “I’m trying to be as frank as possible,” he said.
“No, it’s good,” she assured him, her protective instincts clicking in.
“It helps me for you to say that, to tell me what you would have wanted
to say instead.”
All Brooke could muster was a raspy, “Yep.”
“The most important thing is to not speak for someone else,” Peggy insisted.
“Yep,” Brooke repeated. “What I want to do most right now is be quiet
and read.” So Peggy and I left him in the living room, where the
big-screen monitor was queued up to Chapter 46 of “Moby-Dick.” “Page
down,” he called out, forced to keep repeating it like a mantra because
his speech was croaky and the software had trouble recognizing the
phrase. “Page down. Page down.”
For Brooke, what elevates his life beyond the
day-to-day slog of maintaining it — the vast team effort required to
keep his inert sack of a body fed and dressed and clean and functioning —
is his continuing ability to teach part time through the University of
Utah’s adult-education program. During my February visit, I sat in on
one of his classes, which he teaches with Michael Rudick, another
retired English professor from the university. Some two dozen students,
most over 60, crammed into Brooke’s living room for a discussion of
“Moby-Dick.” Conversation turned to the mind-body problem. “Melville is
making fun here of Descartes, as though you could exist as a mind
without a body,” said Howard Horwitz, who teaches in the English
department and was helping out that day.
Brooke seemed exhausted and sat quietly, impassive as Buddha as his
ventilator sighed. At one point a student called out to ask what Brooke
thought about a particular passage. He responded with an oblique, “I’d
much rather hear what you think,” and was silent for the rest of the
class. The discussion continued with the two other professors taking
charge. There was an almost forced animation, as if the students had
tacitly agreed to cover for a man they loved, admired and were worried
about.
When Peggy arrived late — she was at a meeting on campus — Brooke
flashed her one of his dazzling smiles. His eyes stayed on her as she
positioned herself near an old baby grand that hugs a corner of the
living room, a memento from Brooke’s parents’ house in Baltimore. Above
the piano is a huge painting that Peggy got years ago, a serial
self-portrait of a dark-haired figure with a mustache — six full-body
images of the same man in various stages of disappearing.
“He’s never looked this bad,” Peggy whispered to me during the break as
students milled around. She went to Brooke and kissed his forehead. “Are
you O.K.?” she asked softly.
“I’m fine,” he said. “Don’t worry.”
They have this exchange a lot: Peggy leaning in to ask if he’s O.K.,
Brooke telling her not to worry, Peggy worrying anyway. Quietly, so the
students wouldn’t hear, she asked the respiratory therapist on duty,
Jaycee Carter, when Brooke last had his CoughAssist therapy, a method
that forces out mucus that can clog his lungs. “Three hours ago,” Jaycee
said. But Brooke said he didn’t want it while the class was there: it’s
noisy, and it brings up a lot of unsightly phlegm. As students started
to head back to their seats, Peggy lit on a more discreet alternative: a
spritz of albuterol, used in asthma inhalers to relax the airways, into
his trach tube. Jaycee stood by awaiting instructions, Brooke kept
shaking his head — no albuterol, not now, no — and Peggy kept insisting.
At last, annoyance prickling his expressive eyebrows, he gave in, and
Jaycee did as she was told. But the albuterol didn’t help.
Peggy retreated to the piano as the class resumed, her eyes brimming.
“This is bad,” she murmured. “This is really bad.” Underlying her
anxiety was a frightening possibility: that Brooke’s inability to teach
that day was the start of a progressive decline. Up until then, his
occasional mental fogginess was always explained by something transient,
like an infection. But if he were to lose his intellectual functioning,
he would be robbed of all the things that still give his life meaning:
teaching, writing and interacting with the people he loves. If that day
ever came, it would provoke a grim reckoning, forcing Brooke to rethink —
provided he was still capable of thinking — whether this is a life
worth holding onto.
After class, Jaycee wheeled Brooke to the dining area so he could sit
with Peggy and me as we ate dinner. Brooke doesn’t eat anymore. Last
August he had a feeding tube inserted as a way to avoid the dangerous
infections and inflammations that were constantly sending him to the
hospital. If he doesn’t chew, drink or swallow, there’s less chance that
food or fluid will end up in his lungs and cause aspiration pneumonia.
In his prior life, Brooke couldn’t have imagined tolerating a feeding
tube; he loved eating too much. In fact, when he updated his living will
in 2007, he specifically noted his wish to avoid “administration of
sustenance and hydration.” But the document had a caveat found in most
advance directives, one that has proved critical in negotiating his care
since the accident: “I reserve the right to give current medical
directions to physicians and other providers of medical services so long
as I am able,” even if they conflict with the living will.
Thus a man who had always taken great joy in preparing, sharing and
savoring food decided to give up his final sensory pleasure in order to
go on living. He swears he doesn’t miss it. He had already been limited
to soft, easy-to-swallow foods with no seeds or crunchiness — runny
eggs, yogurt, mashed avocado. And as much as he loved the social aspects
of eating, the long conversations over the last of the wine, he
managed, with some gentle prodding from Peggy, to think of the feeding
tube as a kind of liberation. After all, as she explained on the family
blog, Brooke could still do “almost all the important things that are
part of the enjoyment of food” — he could still smell its aroma, admire
its presentation, join in on the mealtime chatter, even sample a morsel
the way a wine taster might, chewing it and then discreetly spitting it
out. Maybe, she wrote, “being liberated from the crass bodily necessity
of eating brings you a step closer to some sort of nirvana.”
Or as Brooke put it to me in his unvarnished way: “You can get used to anything.”
Brooke kept nodding off as he sat watching us eat — the class had really
drained him — but Peggy kept him up until 9 o’clock, when his hourlong
bedtime ritual begins. After Jaycee brought him to his room, she and the
night-shift caregiver hoisted him from his wheelchair and into the bed
using an elaborate system of ceiling tracks, slings and motorized lifts;
changed him into a hospital gown; washed his face and brushed his
teeth; emptied his bladder with a catheter; strapped on booties and
finger splints to position his extremities; hooked him up to the
ventilator; and set up four cans of Replete Fiber to slowly drip into
his feeding tube as he slept. The ritual ended with what Brooke and
Peggy think of as the most important part of the day, when Brooke
finally is settled into bed and Peggy takes off her shoes and climbs in,
too, keeping him company until he gets sleepy. (Peggy sleeps in a new
bedroom she had built upstairs.) There they lie, side by side in his
double-wide hospital bed, their heads close on the pillow, talking in
the low, private rumbles of any intimate marriage.
Throughout the first half of last year, Brooke had
severe pain in his back and legs, and all the remedies he tried —
acupuncture, cortisone shots, pressure-point therapy, nerve-impulse
scrambling — were useless. At one point last summer, he decided he
couldn’t go on living that way. “Pain eats away at your soul,” he wrote
on July 28, 2012, using his voice-recognition software to dictate what
he called a “Final Letter” to his loved ones, explaining why he now
wanted to die:
For many years since the accident I have been motivated by a deep
will to live and to contribute to the benefit of others in my small way.
I think I have done that. And I am proud of it. But as I have told
Peggy over the past few months, I knew that I would reach a limit to
what I could do. And I have arrived at the limit over the past couple of
weeks.
He had thoughts like this before, but this time it felt different to
Peggy, who proofread and typed the letter; the longing for death felt
like something carefully considered, something serious and sincere. This
was an autonomous, fully alert person making a decision about his own
final days — the very situation she had spent her career defending. She
reasoned that Brooke had the right, as a mentally competent patient, to
reject medical interventions that could further prolong his life, even
though he did not live in a state where assisted suicide was explicitly
legal. And if he wanted to reject those interventions now, after four
years of consenting to every treatment, Peggy was ready to help. She
shifted from being Brooke’s devoted lifeline to being the midwife to his
death.
She knew from a hospice nurse that one way to ease a patient’s dying
included morphine for “air hunger,” Haldol for “delusions and
end-of-life agitation” and Tylenol suppositories for “end-of-life fever,
99 to 101 degrees.” Another nurse mentioned morphine, Haldol and the
sedative Ativan; a third talked about Duragesic patches to deliver
fentanyl, a potent opium alternative used for pain. Peggy also tried to
find out whether cardiologists would ever be willing to order
deactivation of a pacemaker at a very ill patient’s request (probably,
she was told). She kept pages of scribbled notes in a blue folder marked
“Death and Dying.” She had also taken careful notes when Brooke started
to talk about his funeral. He told her what music he wanted, including a
few gospel songs by Marion Williams, and which readings from
Wordsworth’s “Lucy Poems” and Whitman’s “Leaves of Grass.” On his
gravestone, he might like a line from Henry Adams: “A teacher affects
eternity; he can never tell where his influence stops.” These were good
conversations, but they left him, he told Peggy, “completely emotionally
torn up.”
Then in early August, fluid started accumulating in Brooke’s chest
cavity, a condition known as pleural effusion, and he had trouble
breathing, even on the ventilator. He was uncomfortable and becoming
delirious. Other people, including a few of Brooke’s caregivers, might
have seen this as a kind of divine intervention — a rapid deterioration
just when Brooke was longing for death anyway, easing him into a final
release. But that’s not how Peggy saw it. This was not the death Brooke
wanted, confused and in pain, she explained to me later; he had always
spoken of a “generous death” for which he was alert, calm, present and
surrounded by people he loved. So she consulted with a physician at the
hospital about whether Brooke would improve if doctors there extracted
the fluid that was causing the respiratory distress. In the end, she
decided to ignore the “Final Letter.” She went upstairs, got dressed
and, along with the caregiver on duty, put Brooke into the
wheelchair-accessible van in the driveway and drove him to the emergency
room.
This put Brooke back in the hospital with heavy-duty antibiotics
treating yet another lung problem. During his three-week stay he
recovered enough to make his own medical decisions again — which is when
he consented to the insertion of the feeding tube. He also met with a
palliative-care expert, who suggested trying one more pain treatment:
low-dose methadone around the clock, five milligrams at exactly 9 a.m.
and exactly 9 p.m., every day. With the methadone, Brooke’s pain was at
last manageable. Now when he reflects on that hospitalization, he thinks
of it as having a “happy ending.” In the “Death and Dying” folder is
one last penciled note from Peggy dated Aug. 18, 2012: “10:37 a.m.
Brooke says he wants to ‘soldier on’ despite difficulties.”
A couple of days after Brooke and Peggy talked about
his not wanting anyone to speak for him, the subject came up again.
Peggy raised it as we all sat in the living room. At first she did all
the talking, unwittingly acting out the very problem under discussion.
So I interrupted with a direct question to Brooke. Why, I asked, do you
think Peggy sometimes does the talking for you?
“I think it’s because she’s concerned about me and wants the best for
me,” he said. He made the gesture I’d watched him make before, lifting
the tops of his shoulders, over which he still has motor control, in a
resigned-looking little shrug. In light of such pervasive dependency,
that shrug seemed to say, how can a loving, well-meaning wife help but
sometimes overstep in her eagerness to anticipate her husband’s needs?
I asked Brooke if Peggy ever misunderstood what he meant to say.
“I don’t know, ask her,” he said. But Peggy saw the irony there and urged Brooke to speak up for himself.
“Occasionally, yes,” he said, though he couldn’t think of any specific instances.
When she makes a mistake, I asked, do you ever correct her?
“No, because I don’t want to upset her.” His brown eyes got very big.
She: “It would be O.K.”
He: “O.K.”
She: “It would help me if you would say to me — ”
He: “O.K., O.K., O.K.”
She: “I think this issue is especially important. . . . What you’ve
wanted has fluctuated a lot, and part of it is to try to figure out
what’s genuine and what’s a part of response to the pain. That’s the
hardest part for me, when you say: ‘I don’t want to go to the hospital
ever again, I don’t like being in the hospital and I don’t want to be
sick. If the choice is going to the hospital or dying, I’ll take the
dying.’ ”
Peggy turned to me. She wanted me to understand her thinking on this.
It’s so hard to know what Brooke wants, she explained, because there
have been times when she has taken him to the hospital, and he later
says that she made the right call. It’s so hard, she repeated. She has
to be able to hear how a transient despair differs from a deep and
abiding decision to die. She believes he hasn’t made that deep, abiding
decision yet, despite the “Final Letter.”
She understands him well enough, she told me, to know when his apparent
urgency is just a reflection of his dramatic way of presenting things:
his deep voice, his massive size, his grimaces. “Brooke is very
expressive when he’s in his full self,” she said.
Watching the dependence, indignity and sheer physical travail that
Brooke must live through every day, Peggy told me, she doesn’t think she
would have the stamina to endure a devastating injury like his. “It
seems not what I’d want,” she said when I asked if she would choose to
stay alive if she were paralyzed. While she might not want to persevere
in such a constrained and difficult life, she believes that Brooke does
want to, and she tends to interpret even his most anguished cries in a
way that lets her conclude that he doesn’t quite mean what he says. But
she worries that others in his life, even the caregivers who have become
so close to him, might not be able to calibrate the sincerity of those
over-the-top pleas and might leap too quickly to follow his instructions
if he yelled out about wanting to end it all.
Suzy Quirantes, the senior member of the caregiving team, a trained
respiratory therapist who has been with Brooke since the day he came
home in 2010, sees it a bit differently. “I’ve worked with death a lot,”
she told me. She thinks there have been times when Peggy has been
unable to hear Brooke’s heartfelt expressions of a desire to die. “Last
year, right after the feeding tube, he kept refusing his therapies,” she
said. “And I said, ‘If you’re really serious, if you’re done, I need
you to be very clear, and you need to be able to talk to Peggy so she
understands.’ ” He never did talk to Peggy, though — maybe because he
wasn’t clear in his own mind what he wanted. “He has said, ‘I’m done,’
and then when we kind of talk more about it, he gets scared,” Suzy said.
“He says: ‘What I mean is I’m done doing this stuff in the hospital.
But I’m not ready to die yet.’ ”
The tangled, sometimes contradictory nature of Brooke’s feelings has led
to subtle shifts in Peggy’s scholarly thinking. She still believes
that, whenever possible, people have the right to choose when and how to
die. But she now better understands how vast and terrifying that choice
really is. “What has changed,” she told me, “is my sense of how
extremely complex, how extremely textured, any particular case is.” This
realization is infinitely more fraught when you’re inextricably
invested in the outcome and when the signals your loved one sends are
not only hard to read but also are constantly in flux.
The only consistent choice Brooke has made — and he’s made it again and
again every time he gives informed consent for a feeding tube or a
diaphragmatic pacer, every time he permits treatment of an infection or a
bedsore — is the one to stay alive. This is the often-unspoken flip
side of the death-with-dignity movement that Peggy has long been a part
of. Proponents generally focus on only one branch of the decision tree:
the moment of choosing death. There’s much talk of living wills, D.N.R.
orders, suicide, withdrawal of life support, exit strategies. Brooke’s
experience has forced Peggy to step back from that moment to an earlier
one: the moment of confronting one’s own horrific circumstances and
choosing, at least for now, to keep on living. But the reasons for that
choice are complicated too. Brooke told me that he knows Peggy is a
strong person who will recover from his death and move on. But he has
also expressed a desire not to abandon her. And Peggy worries that
sometimes Brooke is saying he wants to keep fighting and stay alive not
because that’s what he wants, but because he thinks that’s what she
wants him to want. And to further complicate things, it’s not even clear
what Peggy really wants him to want. Her own desires seem to shift from
day to day. One thing that doesn’t change, though: She is deeply afraid
of misunderstanding Brooke’s wishes in a way that can’t be undone. The
worst outcome, to her, would be to think that this time he really does
want to die and then to feel as if she might have been wrong.
Since Brooke’s accident, Peggy has continued to
advocate for people seeking to die. She went to Vancouver in late 2011
to testify in court in the case of Gloria Taylor, a woman with ALS who
wanted help ending her life when she was ready. And in 2012, she
presented testimony by Skype in the case of Marie Fleming, an Irishwoman
with multiple sclerosis who was making a similar request. The
plaintiffs were a lot like Brooke, cognitively intact with progressively
more useless bodies. But they felt a need to go to court to assure they
would have control in the timing of their own deaths. Brooke has not.
Perhaps that’s because he believes that Peggy will follow through on a
plan to help him die if that’s what he ultimately chooses.
Those seeking to end their lives are up against opponents who say that
helping the terminally ill to die will lead eventually to pressure being
put on vulnerable people — the elderly, the poor, the chronically
disabled, the mentally ill — to agree to die to ease the burden on the
rest of us. Peggy doesn’t buy it. The scholarly work she is most proud
of is a study she conducted in 2007, which is one of the first to look
empirically at whether people are being coerced into choosing to end
their lives. Peggy was reassured when she and her colleagues found that
in Oregon and the Netherlands, two places that allow assisted dying, the
people who used it tended to be better off and more educated than the
people in groups considered vulnerable.
What Peggy has become more aware of now is the possibility of the
opposite, more subtle, kind of coercion — not the influence of a greedy
relative or a cost-conscious state that wants you to die, but pressure
from a much-loved spouse or partner who wants you to live. The very
presence of these loved ones undercuts the notion of true autonomy. We
are social beings, and only the unluckiest of us live in a vacuum; for
most, there are always at least a few people who count on us, adore us
and have a stake in what we decide. Everyone’s autonomy abuts someone
else’s.
During Peggy’s cross-examination in the Gloria Taylor trial, the
Canadian government’s lawyer tried to argue that Brooke’s choice to keep
living weakened Peggy’s argument in favor of assisted suicide. Isn’t it
true, the lawyer asked, that “this accident presented some pretty
profoundly serious challenges to your thinking on the subject?”
Yes, Peggy said, but only by provoking the “concerted re-re-rethinking”
that any self-respecting philosopher engages in. She remained committed
to two moral constructs in end-of-life decision making: autonomy and
mercy. “Only where both are operating — that is, where the patient wants
to die and dying is the only acceptable way for the patient to avoid
pain and suffering — is there a basis for physician-assisted dying,” she
told the court in an affidavit. “Neither principle is sufficient in and
of itself and, in tandem, the two principles operate as safeguards
against abuse.”
One morning in April, I called to speak with Peggy and
Brooke. Peggy told me that when I was there in February, Brooke had an
undiagnosed urinary tract infection that affected both his body and his
clarity of thinking. It had since cleared up, she said. “He’s a
different person than the one you saw.” The possibility that he’d begun a
true cognitive decline was averted, at least for the time being.
“I’m cautiously happy about life in general,” Brooke said on
speakerphone, stopping between phrases to catch his breath. “I’m getting
stronger. Working hard. Loving my teaching. My friends and caregivers.
My wife.”
I asked about Brooke’s “Final Letter” from last summer. I was still
trying to understand why Peggy had ignored it, just days after she typed
it up for him, and instead took him to the E.R. to treat his pleural
effusion. Why hadn’t she just let the infection end his life?
“Brooke had always said, ‘I’m willing to go to the hospital for
something that’s reversible, but I don’t want to die in the hospital,’ ”
she said, as Brooke listened in on the speakerphone. So she had to
“intuit” whether this was something reversible, and she believed it was.
“This didn’t feel like the end,” she said, “but of course you don’t
know that for sure.” In addition, there was that image in her mind of
Brooke’s ideal of a “generous death.” It’s hard to say whether she’ll
ever think conditions are exactly right for the kind of death Brooke
wants.
The next day I learned that a few hours after my phone call, Brooke
suddenly became agitated and started to yell. “Something bad is
happening,” he boomed. “I’m not going to make it through the morning.”
Peggy and the caregiver on duty, Jaycee, tried to figure out what might
have brought this on, just hours after he told me he was “cautiously
happy.” He had gone the previous two nights without his usual Klonopin,
which treats his anxiety; maybe that was the explanation. Or maybe
discussing his “Final Letter” with me, remembering the desperation of
that time, had upset him. He was also getting ready for the first class
of a new semester, covering the second half of “Moby-Dick”; maybe he was
experiencing the same teaching anxiety that had plagued him his whole
career.
Deciding that Brooke was having a panic attack, Peggy told Jaycee to
give him half a dose of Klonopin. She did, but things got worse.
Brooke’s eyes flashed with fear, and he yelled to Peggy that he was
about to do something terrible to her — meaning, she guessed, that he
was going to die and leave her alone. Finally he announced that he
wanted to turn off all the machines. Everything. He wanted to be
disconnected from all the tubes and hoses that were keeping him alive.
He was ready to die.
Peggy and Jaycee did what he asked. They turned off the ventilator and
disconnected it from the trach, and placed a cap at the opening in his
throat. They turned off the oxygen. They turned off the external battery
for the diaphragmatic pacer. They showed Brooke that everything was
disconnected.
Brooke sat back in his wheelchair then and closed his eyes. There were
no tears, no formal goodbyes; it all happened too quickly for that. He
sat there waiting to die, ready to die, and felt an incredible sense of
calm.
Two minutes passed. Three minutes passed. He opened his eyes and saw
Peggy and Jaycee sitting on stools, one on either side, watching him.
“Is this a dream?” he asked.
“No, it’s not a dream.”
“I didn’t die?”
To Brooke, it was a kind of miracle — all the machinery had been shut
off, just as he asked, but he was still alive. He felt refreshed, as if
he had made it through some sort of trial. He asked Jaycee to reattach
everything, and three hours later, after he had a nap, his students
arrived to start the new semester, and Brooke began teaching “Moby-Dick”
again.
But it was no miracle. “I know what his medical condition is,” Peggy
told me later, out of Brooke’s earshot. “The reason he didn’t die is
he’s not at the moment fully vent-dependent anymore. He can go without
oxygen for a while, and he can go with the pacer turned off for some
time.” She didn’t say any of this to Brooke. “It seems to have been such
an epiphany, such a discovery, when he woke up and discovered he was
still alive,” she said. “I don’t really want to puncture that bubble.”
If for some reason Brooke had become unconscious, she and Jaycee would
have revived him, Peggy told me, because she didn’t believe he really
wanted to die. She thinks what he really wanted was to believe he had a
measure of control, that he could ask for an end to his life and be
heard. “We showed him that we would do what he asked for,” she said,
“and he thought it was real.” But it wasn’t real, I said. It all sounded
like an elaborate end-of-life placebo, an indication that in fact he
was not in control, that he wasn’t being heard. Peggy laughed and did
not disagree.
She’s not good at keeping secrets from Brooke, though, and by the time I
contacted them both by Skype later in the week, she’d told him the
truth about that afternoon. In retrospect, Brooke said, the whole thing
seemed kind of comical. He mimed it for me, leaning back with his eyes
closed waiting for the end to come, then slowly opening them, raising
his eyebrows practically to his hairline, overacting like a silent-film
star tied to the tracks who slowly realizes the distant train will never
arrive. He looked good, handsome in his burgundy polo shirt, mugging
for the webcam. Some new crisis, some new decision, was inevitable — in
fact, last month it took the form of another farewell letter, stating
his desire to die in the spring of 2014, which is when he expects to be
finished teaching his next course, on “Don Quixote.” But at that moment,
Brooke was feeling good. “I think it will be a productive summer,” he
said. And he and Peggy smiled.
COPY http://www.nytimes.com
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