Terminal patient has his pills, says he will die on his terms
Thursday, October 6, 2005 8:26 AM PDT
By Associated Press
Printable version
E-mail this articlePORTLAND, Ore. (AP) -- The lethal dose of barbiturates arrived at cancer patient Don James' apartment a few days ago, but he hasn't seen it. He asked his family to put the bottle away in a safe place.
"I may never see it," he said, but added that it is a comfort to know it is there.
James, 79, a retired Portland school administrator, was diagnosed with prostate cancer in December 2001. In January 2002 they told him it had spread to the bone.
"I had 21 radiation treatments in February of `02 and I felt pretty good," he said. "But a little while later they called and said, `well, we didn't quite get it all."'
He said he has been given six months to live but has beaten that prognosis several times.
"How do you pronounce it, Schaivo?" he asked. "I don't want to be one of those, when they come around and pat you on the cheek and say `are you still alive in there?' Nosiree. The point is I have this desire to have some control in the end."
James acquired the lethal dose under terms of Oregon's unique law that allows terminally ill patients to end their lives with prescription drugs under some conditions.
On Wednesday, the U.S. Supreme Court in Washington, D.C., heard arguments on the legality of the Oregon law. The Bush administration contends the legislation allows an improper use of federally controlled substances.
Since the law took effect seven years ago, 208 terminally ill patients have used doctor-prescribed drugs to end their lives. State officials say that in most cases the patients quickly slip into unconsciousness and die within a few hours.
Oregon's five Democratic members of Congress reiterated their support for the law Wednesday.
Reps. Peter DeFazio, Earl Blumenauer, Darlene Hooley and David Wu and Sen. Ron Wyden filed a friend of the court brief this year opposing efforts by the U.S. Department of Justice to overturn Oregon's Death with Dignity Act.
They said former Attorney General John Ashcroft used the Controlled Substances Act incorrectly to threaten Oregon physicians who follow the Oregon law.
U.S. Rep. Greg Walden, a Republican, said Wednesday that Oregonians had approved the law twice and that the Supreme Court should respect that.
Sen. Gordon Smith's office had no comment on Wednesday's arguments. However, Smith has opposed the Oregon law in the past on moral grounds.
Don James said he's talked with his family about possibly using Oregon's law to hasten his death, and they are supportive.
"It bothers my wife to think about it," he said. "But she knows it is my desire to have this comfort, this possibility."
"I don't know if I am going to use it. The probability is that some morning they're going to find that I'm not here anymore."
But, he said, "If suddenly my insides just fall apart, and that's a remote possibility," it would be time to tell the family, "Let's gather around."
James said he is in little or no pain now if he is in his recliner, his swollen feet slightly elevated. A hospice nurse visits three times a week.
In recent months he has been setting goals and meeting them. Most recently it was his 60th wedding anniversary. His next is his 80th birthday in April.
From the recliner, he can look at photos of his ancestors gazing from oval frames.
"There were only a couple of them I really got to know," he said. "Now maybe I'll meet them."
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