Tuesday, March 10, 2026

Texas disability 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.

  • The deadly quality of life ethic (Read).
  • ADAPT of Texas Demands Investigation into Michael Hickson's death (Read).
  • ADAPT of Texas protests Hospital killing of Michael Hickson (Read).

2 comments:

Carol V said...

This is infuriating that a hospital and bureaucrats have the power to determine who deserves medical treatment and who deserves to be denied food and water and left to die.

Repulsive said...

That IS UNACCEPTABLE, VILLAINOUS, & WICKED THAT "Medical Staff" THINK AND ACT THAT THEY HAVE THE RIGHT TO WITHDRAW FOOD AND FLUIDS FROM A PATIENT! THE LAWS ALLOW FOR WAY TOO MUCH CORRUPTION FROM THESE STAFF WORKING AT HOSPITALS! IT IS VULGAR AND GRUESOME! AND IT SHOULD NOT BE ALLOWED BUT ALSO PUNISHED FOR THIS IS KILLING! I UNFORTUNATELY HAD TO WITNESS THIS HORRENDOUS & SHOCKING BEHAVIOUR IN ADDITION TO MORE ABUSE TOWARDS A FAMILY MEMBER IN HOSPITAL AND ALSO MYSELF FOR AT THE TIME TRYING EVERYTHING POSSIBLE TO STICK UP FOR THEIR AND MINE HUMAN RIGHTS WHICH UNFORTUNATELY I DID NOT SUCCEED AND MY FAMILY MEMBER PASSED AWAY JUST AS THIS POOR MAN DID; MY FAMILY MEMBER HAS SIMILAR SITUATION AS Michael Hickson IN WHICH THEY WERE HOSPITALIZED FOR SOMETHING PREVIOUSLY OVERCOME AND DENIED BASIC HUMAN RIGHTS SUCH AS FLUIDS AND FOOD BECAUSE OF THEIR INCORRECT BIASES AND DESTRUCTION ALSO SUPPORTING ONE ANOTHER AND ABUSING MY FAMILY MEMBER WITH PREVIOUSLY-USED MEDICAL EQUIPMENT THAT WAS USED ON A DECEASED PATIENT THAT WAS NOT CHANGE AND TO THE POINT OF CAUSING EXCESS BLOOD FROM INJURIES AND TO A CUTE INNOCENT LOVING OLD LADY! THERE SHOULD BE NO TOLERANCE AND ALLOWANCE FOR THIS BEHAVIOUR BY LAW WHICH IN CANADA THEY ARE ALL PROTECTED UNDER AND AT LEAST IN THE USA IT SEEMS THEY HAVE THE OPPORTUNITY TO ACTUALLY FILE A LAWSUIT WHEREAS IN CANADA THAT IS NOT EVEN AN OPTION AS CANADA HAS POOR LAW PROTECTIONS FOR INNOCENT-VULNERABLE-DISABLED AND CANADA HAS ONE OF THE WORST KILLING LAWS FOR MAID/EUTHANASIA AND PERMITS IN MEDICAL CARE ALL KINDS OF ABUSES AS THESE WORKERS ARE ALL CONSIDERED GOVERNMENT AND HAVE THE BEST LIABILITY SHIELDS LIKE MANUFACTURERS OF DANGEROUS-POLLUTED VACCINES AND PHARMACEUTICALS CAUSING HARMS JUST LIKE LOTS OF MEDICAL EQUIPMENT DOES SO ABUSE BECOMES EASY FOR THE ACTORS;