Vikki Whittaker survived a meningitis infection that landed her in a coma on her 26th birthday, in November 2007. She was not expected to survive.
Five years later, she has been personally impacted by the approaching Supreme Court Case of another coma patient, Hassan Rasouli, whose family is literally fighting for his life.
Rasouli went in to a Toronto hospital for brain surgery and contracted an infection that led to his being intubated in a coma, a year and a half ago.
His doctors wanted to take the father of two off life support, determining his condition was that of a vegetative state that would not improve.
The Rasouli family refused their advice.
A legal fight ensued, pitting the family against his doctors in a conflict about when doctors can legally withdraw life support.
The case before the Supreme Court of Canada was begun by two doctors from Sunnybrook Health Sciences Centre, Brian Cuthbertson and Gordon Rubenfeld, who saw no medical purpose in keeping Rasouli on life support, proposing the patient be transferred to palliative care. An affidavit was filed by Dr. Cuthbertson, chief of critical care at Sunnybrook.
When the Ontario Court of Appeal heard the case last year, it upheld a lower court ruling stating that, in cases where death is imminent and doctors propose to withdraw life support and replace it with palliative care, that care becomes part of a treatment package for which consent is required from a patient or substitute decision maker.
This spring, Rasouli showed signs of awareness, when he gave the ‘thumbs-up” sign, fueling the debate with the revelation that he is not, in fact, in a persistent vegetative state.
Gary Hodder, lawyer for the Rasouli family, filed a motion to quash the appeal as moot.
This May, the Supreme Court of Canada ruled on the motion to quash. The justices refused to throw out the case, saying it will get a full hearing later this year. The case will be heard Dec. 10, 2012.
Meanwhile, the doctors are conducting further tests and have indicated that given Rasouli’s condition, it may still be medically appropriate to withdraw his life support.
Whittaker first heard about the case last month from a co-worker who educated her on the issue, having also had a personal connection to the Rasouli family. Her co-worker encouraged her to meet Rasouli.
“I wanted to support this man, just because I knew where he was in his fight for life,” Whittaker said, recalling waking from her coma and learning that she had been read her last rites. “Within two and a half weeks, the doctors were talking to my family about taking me off life support … I was supposed to be in a vegetative state with severe brain damage.”
Instead, Whittaker survived and dedicated her career to working with severally disabled adults in group homes. The experience of the coma changed her life, for the better. She is now married and raising two children.
Whittaker was granted permission to meet Rasouli this June. “I went there because I wanted to give his family support, but also to give him hope from my story, because they told my parents I would have brain damage, and doctors don’t always know what the current situation is.”
With help from Rasouli’s wife, who translated for her, Whittaker shared her experience.
“I told him how strong he is and how much I admire him for what he’s going through, and the support of all the people around him,” Whittaker said. “He started to cry and squeezed my hand.”
Of Rasouli’s family, Whittaker said, “they were such beautiful people and so thankful, loving and appreciative.”
Now she’s hoping her story will encourage others to speak out in Rasouli’s defence.
“I want to make this case more public, for his case but ultimately this could affect everyone,” she said. “What about all the wives and husbands who are going to think they didn’t wait long enough [for life support]?”
Whittaker finds the issue particularly frustrating given Canada’s national health care system.
“This is important. Canada has the resources to help. We have good doctors and good hospitals. Why are we not promoting life when we have accessibility to the medical care?” she questioned. “All they had to do was keep trying.”
Drawing attention to the national case on a local level is important for Whittaker.
“I have lived in Fergus for 11 years and I want people in the community to be aware of this serious court case on December 10, that could potentially affect all of us. I just want people to understand. What if this was us?”
She hopes people will educate themselves on Rasouli’s case, including watching the W-5 special, “Pulling the Plug.”
“I am also asking people to help raise money for the legal fees for Hassan Rasouli’s family,” she said. “The goal is $90,000.”
For more information on the case or the Rasouli family fundraiser, visit http://www.indiegogo.com/lifesupport.
