In re Eichner
New York Court of Appeals
420 N.E.2d 64 (1981)
Father Joseph Fox suffered a heart attack causing brain damage and a persistent vegetative state with no reasonable chance of recovery, confirmed by his physician and two neurosurgeons. Father Philip Eichner (plaintiff), who had discussed the moral implications of removing a ventilator with Fox during the well-known Karen Quinlan case, knew Fox had clearly stated he would not want extraordinary life-sustaining measures if left in an irreversible vegetative state; when the hospital refused to remove Fox's respirator without a court order, Eichner petitioned to be Fox's guardian, supported by all of Fox's living relatives. The district attorney opposed removal, citing a theoretical chance of improvement, though all medical experts agreed there was no reasonable likelihood of emergence from the coma; Fox died during the appeal despite continued life-sustaining measures.
Whether sufficient evidence exists to show that a now-incompetent patient, who repeatedly and clearly expressed his wishes while competent, would not have wanted to be kept alive on a respirator in a non-recoverable vegetative state.