End-of-life lawsuit dismissed

A lawsuit that sought to stop a new law allowing medical aid in dying was dismissed Dec. 30 by a Delaware District Court judge.

Delaware became the 12th state to approve medically assisted suicide in May when Gov. Matt Meyer signed the Ron Silverio/Heather Block End of Life Options Bill, which is set to go into effect Thursday, Jan. 1.

The new law provides guidelines for a terminally ill person to self-administer medication to end their life in a humane and dignified manner. That may only be done if a physician or health professional agrees the patient is acting voluntarily and understands their decision. Safeguards in the bill include a requirement that two healthcare providers certify that a patient has a prognosis of six months or less to live, and make it a crime to coerce a terminally ill person into using medical aid in dying.

In December, Delaware resident Sean Curran, Delaware Adapt, Freedom Center for Independent Living and other patient-rights groups filed a lawsuit in Delaware District Court to stop the new law.

The lawsuit contended the new law does not require any evaluation, screening or treatment by a mental health professional for serious mental illness, depression or treatable suicidality, all of which it claims are necessary for informed consent and a truly autonomous choice, before the lethal prescription is written.

Curran is a quadriplegic who suffered a severe spinal cord injury as a teenager. His attorneys argue that without medical intervention, his condition would result in death within six months.

In his opinion, Judge Gregory B. Williams wrote: “Under plaintiffs’ expansive interpretation of Delaware’s [law], absurd results would arise, such as rendering eligible for assisted suicide those with medical ailments that can live long and vigorous lives with regular medical assistance, like Type 1 diabetics that require regular insulin injections.”

The complaint asked the court to declare the law was in violation of the Americans with Disabilities Act, the Rehabilitation Act, the Affordable Care Act, and the 14th Amendment’s Equal Protection Clause and Due Process Clause.

Williams said the equal protection claims under the 14th Amendment do not hold water.

“In passing its [law], Delaware joined the growing minority of states that allow individuals to avail themselves of medically assisted suicide,” he wrote. “Though there is no longstanding tradition of doctor-assisted suicide, Delaware's [law] does not require any individuals to make the request, and offers them numerous opportunities to rescind it.”

Williams wrote that the voluntary nature of Delaware’s law was an important factor in his decision.  

The Ron Silverio/Heather Block End of Life Options Bill was the result of years of work. The bill largely copied the work of former Rep. Paul Baumbach, who worked on the issue for a long time. In 2015, Baumbach first introduced the Death with Dignity Act, which never made it out of committee. In 2017, Baumbach’s End of Life Options Act never made it to the House floor for a vote. He introduced House Bill 140 at the end of the legislative session in 2021, but the bill had no movement in 2022. It moved out of committee in May 2023, but sat dormant until April 2024, when the House passed it 21-16 with four absent.