Texas disability discrimination medical futility case to be heard in court.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

Michael Hickson

I have good news. The US Court of Appeals for the Fifth Circuit has agreed to hear the disability discrimination "medical futility" case of Michael Hickson who died on June 11, 2020 after being denied basic care by St. David’s South Austin Medical Center.

Thaddeus Pope published the following comment on his medical futility blog on March 8, 2026:

The U.S. Court of Appeals for the Fifth Circuit has ruled that a disability discrimination case may proceed where Texas providers withheld life-sustaining treatment based on determinations that the patient's inability to walk or talk meant that he had a low quality of life.

"We hold that a plaintiff asserts a cognizable claim for disability discrimination based on adverse medical treatment decisions—or decisions not to treat—when allegations show that the treatment was based 'solely,' in the pejorative sense, on the individual’s disability."

The family of Michael Hickson may now proceed on this and some other claims in the U.S. District Court for the Western District of Texas.

This ruling, combined with new DHHS regulations targeting medical futility determinations, raises significant red flags for hospitals withdrawing life-sustaining treatment over patient or family objections.

The disability rights group - ADAPT - published a powerful video by Melissa Fridie Hickson concerning the death of her husband Michael, who was also the father of her 5 children.

The Michael Hickson case is particularly egregious since the doctors unilaterally decided to deny Hickson treatment, they denied him basic care based on "quality of life." The legal decision stated:

(“St. David’s Healthcare”) stopped giving food and fluids to Michael Hickson, a loving husband and father of five who was hospitalized for illnesses that he had previously overcome. The doctors told Michael’s wife that his inability to walk or talk meant he had a low quality of life. Michael passed away.

Link to previous articles about Michael Hickson (Articles Link).