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Judge: Mother can issue do not resuscitate order
Butler County Judge Thomas Doerr has decided a mother has the right to issue a do not resuscitate order for her profoundly mentally retarded and physically disabled adult son.
Allegheny Valley School, the specialized school 37-year-old Timothy Scott Irwin lives in, had opposed that order because Irwin is neither unconscious nor is he in an "end-life" state.
Both sides went to court this month, armed with doctors who supported their respective positions.
But Judge Doerr ruled today that the testimony of Irwin's mother and legal guardian, Beverly Sowash of Butler, most compelling as to what was best for Irwin.
"Her testimony was introspective and quietly dignified, reflective of a woman who has lovingly stood as mother and guardian to a severely retarded child for over 37 years,"Doerr wrote in a 17-page decision, noted to be the first of these circumstances in the state.
Sowash, who testified in court Oct. 4, at that time said she loves her son, but she's ready to let him go.
She said Irwin's worsening health has stripped him of even the small joys he once enjoyed.
"I just think enough is enough,"Sowash testified.
Irwin was born with severe disabilities, including mental retardation, spastic quadriparesis and cerebral palsy, according to court documents.
He's never spoken or walked. He uses a feeding tube and is incontinent.
Judge Doerr noted Friday in his written opinion that at no point in his life was Irwin in a position that he could sign over medical power of attorney. And Sowash, as his parent and guardian, has had an affirmative duty of care.
Sowash did not ask the courts to stop ongoing, life sustaining care. Rather, she just asked that if —- or, more likely when —- Irwin goes into cardiac arrest again, he does not receive CPR.
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