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Disclaimer: I do not own any of the ER cast just Ashleigh, DJ, Marianna, Mr. Simmons, Judge Brady and the idea for the story.
A/N: A.L.S- Amyotrophic Lateral Sclerosis(Lou Gehrig's Disease)- a progressive wasting away of certain nerve cells of the brain and the spinal column. It is a debilitating disease that affects movement, swallowing, speaking, breathing, and sometimes vision. There is no cure and the prognosis is death.
This story is dedicated to the memory of one of my favorite actors who passed away from the disease. Michael Zaslow, I miss you.
Any talking being done by Dave is via a talking computer.
Part 12
At the courthouse, Ashleigh and Mr. Simmons explain to Marianna about Dr. Weaver defying Dave's wishes and placed him on a ventilator. Kerry, who is standing nearby, can't help but overhear. Ready to come to her own defense, she immediately backs off when the door opens and the bailiff asks everyone into the judge's chambers.
Judge Brady: Please be seated and let's get on with this.
Mr. Simmons: Your honor, my client Dr. Dave Malucci has A.L.S. He is end-stage and has requested that he not be put on a machine and no heroic measures be taken to sustain his life.
Kerry: Your honor, I am Dr. Kerry Weaver, chief attendant at County General Hospital. Dr. Malucci went into severe respiratory arrest. He was unable to breathe on his own, I was well in the right to make a medical call.
Judge Brady: Did Dr. Malucci state in writing his wish not to be placed on life support.
Ashleigh: Your honor, I'm Ashleigh Patella. Dave is my boyfriend. A few months ago, Dave went into respiratory distress and was placed on a ventilator. Once his condition improved and he was removed from the machine, he swore he would never go back on it. Shortly after he was released from Mercy, we spoke with Mr. Simmons about a living will.
Judge Brady: And did you draw up the living will, Mr. Simmons.
Mr. Simmons: Yes, your honor, but due to a system of errors the will was never notarized.
Judge Brady: System of errors?
Mr. Simmons: Yes, the will was misplaced, but, has been since found and before we could get a notary to sign it, Dr. Malucci was rushed to County.
Judge Brady: I only know a little about this disease. Dr. Weaver, am I correct in assuming that the patient's mind is not affected?
Dr. Weaver: Yes. But in my experience I have seen patients change their minds at the last moment and then it's too late. I was only given Dr. Malucci time to make a definite decision, after all. this decision will affect the rest of his life.
Ashleigh: Your honor, Dave is no longer able to talk, walk, move his arms or fingers, see clearly, eat without a tube in his chest or feel anything but pain: extreme pain. His quality of life isn't much. Dave, myself and our grandson have already come to terms with his death and have prepared ourselves for it. By prolonging Dave's life, you are just avoiding the inevitable. Dave has been sick for almost two years and after all that time we realize he is down to just days, maybe hours. It's not that I'm heartless or have no conscience, I do and I love Dave with all my heart, I don't want him to die but he will and there's nothing I can do about it. However, if I can keep him from suffering any longer than necessary, I will. I never wanted Dave brought to the hospital in the first place. He wants to die at home.
Kerry: Then why was he brought into the hospital if you didn't want our help?
Ashleigh: That was hospice. They called the ambulance. Neither Dave or I had a say in the matter.
Kerry: If that were true, Dr. Malucci could have signed himself out AMA.
Ashleigh: How? He can't lift his hands up anymore, let alone write. Besides, did you even give him that option when you saw he didn't want to be the...
Judge Brady: That's enough( banging his gavel) None of that here in my chambers. Young lady, you have been very quiet through this. May I ask your connection to this case?
Marianna: Yes, my name is Marianna Delpina. Dr. Malucci is my big brother.
Judge Brady: Well, what are your thoughts on this? What do you think your brother would want?
Marianna: I know my brother would never want to be sustained on life support. He's always been very independent. Ever since he became ill, he's had to learn to depend on others for help and it's ripped him apart inside. He's felt like a burden to us, but he's not. He once told me when he gets close to the end, he wants to face it like a man. He doesn't have much left, but he wants to die with his dignity-on his own terms-not hooked up to a machine. I promised I would see to his wishes.
Judge Brady: Dr. Weaver, why were her feelings not taken into consideration?
Marianna: Excuse me, your honor, but I was in Italy when my brother was taken to County. I just arrived home. Ashleigh phoned me with what was happening and told me to meet her at the courthouse.
Judge Brady: Are you sure that this is what your brother wants. You all understand that if I allow the machines to be removed, there is no going back. You can't change your minds later. Now, I'm going to ask you one more time, is this want you really want?
Ashleigh and Marianna: Yes, your honor. Definitely.
Kerry: Your honor, you have to understand that it's not that simple. Now that Dr. Malucci is intubated, it gets a little complicated and we really shouldn't extubate him until he is breathing on his own.
Judge Brady: Dr. Weaver, can you give me a medical reason as to why Dr. Malucci isn't able to breathe on his own.
Kerry: There is severe edema around the upper portion of his throat causing his airway to block. The ventilator tube opens a passageway to allow him to breathe.
Judge Brady: Is there anything medically that can be done that doesn't involve a breathing machine?
Kerry: Possibly. If we give Dr. Malucci a tracheotomy under the edema, we could build him an airway.
Judge Brady: Thank you all for coming. I will take everything that was said into consideration and have my decision as soon as possible as I know Dr. Malucci doesn't have time to wait. Mr. Simmons, I suggest you keep better track of your legal records and documents in the future. I don't want to see you back here again because of a lost document. Also, Dr. Weaver, I advise you to listen to your patients more and give serious thought to their wishes, especially the terminal patients.
Mr. Simmons and Kerry: Yes, your honor.
The bailiff leads them out the door. Mr. Simmons tells Ashleigh and Marianna that he will wait at the courthouse for the judge's decision and that they need to get back to Dave. They thank him for all his help and head to the hospital.
Back at the hospital, the ER staff go in and out of Dave's room checking on him and trying to cheer him up with little success. Dave continues to struggle with his restraints. He wishes he wasn't so weakened by his illness, otherwise, he could bust right out of the restraints. He does the only thing he can do and lays on the bed, relaxes and remembers all the things he use to do that he can no longer do.
He thinks about playing hockey, the piano, guitar, and Playstation with DJ.
He misses all the times when DJ use to run into his arms when he came home from work and he could put DJ on his shoulders and piggyback him around and when he would make pizza with DJ even after he lost the use of his hands. The more he thinks about his life, the more frustrated and angry he gets and the more he tries to break his restraints.
Ashleigh and Marianna arrive at the hospital and go into Dave's room.
Marianna: Hello, big brother. (she kisses his head and grabs his hand)
Dave murmurs a bit, happy to see his sister finally here with him.
Marianna: I'm sorry it took me so long, but I'm here now and I'm not going anywhere.
Ashleigh: Well, we saw the judge and he's going to get back to us with his decision quickly. Be patient just a little while longer, sweetheart.
The door to Dave's room opens up and DJ runs in.
DJ: Poppy, I'm here. Did you miss...(getting hysterical) What is that? You said Poppy would never have that machine on him again.
DJ runs crying out the room, Ashleigh follows him while Marianna stays with a panicked Dave.
Ashleigh: DJ, wait. Please wait. Don't run away.
DJ: You said poppy would never have to go on that machine again. It scares me.
Ashleigh: It scares me, too. But we went to see a judge today and if he makes the right decision, poppy won't have to be on that machine ever again. (pause)Are you alright?
DJ: No, but I will be for poppy. I have to be. I'm going to be the man of the house soon. Can I go back in with poppy, now?
Ashleigh: First, I want to have a little talk with you.
DJ: About what?
Ashleigh: DJ, I know were not the perfect family you were hoping for and deserved. Poppy and I really tried to give you everything your friends have, but we just couldn't afford it. We let you down and I'm sorry. We expected you to be this grown, mature kid and forgot that you are just a 5 year old little boy and deserved to be a kid, not an adult. I'm speaking for myself and on behalf of your poppy, we're sorry and you have every right to be mad with us.
DJ: Stop Nana.(holding up a hand) You and poppy gave me the basics. That's all I need. I never cared about material things. So I don't have a BMX. Big deal. I have my books and music and I can learn more from them then I can from riding a bike. Don't you think I know that, after mommy and daddy died, if it weren't for you and poppy that I would've winded up in an orphanage or in some foster home being raised by who knows what kind of people. I might have winded up with someone who was mean to me, like great-grandpa was mean to poppy. I'm not and could never be mad at or hate you guys. You and poppy saved my life. You guys didn't need a kid dumped on you or ask to raise a kid but you did and I thank you. There are not 2 people in this world that I respect more than you and poppy and I love you guys.
Ashleigh has tears in her eyes as she hugs DJ.
Ashleigh: And we love you, too, very much. We couldn't ask for a better kid.
DJ: Can I ask you something now, Nana? This has been on my mind for a long time and I was just trying to find the right way to ask.
Ashleigh: Sure, what do you want to know?
DJ: Why was great-grandpa so mean to poppy? I've seen the scars on poppy's back. Why did he beat poppy so badly and burn him?
Ashleigh: I don't really know. He was very sad after poppy's mom and little brother died. He couldn't handle it and his way of dealing with it was to drink and take drugs. Poppy and Aunt Marianna tried to stop him, but he wouldn't and he'd get mad and beat poppy.
DJ: How could he do that to his own son. Poppy said he could never hit his little boy and he never hit me- not even a spanking when I deserved it.
Ashleigh: It's because poppy was hurt so badly by his father, physically, emotionally and mentally, that he couldn't bring himself to hurt someone else like that especially a little child.
DJ: I'm sorry that poppy was hurt.
Ashleigh: So am I.
DJ: Can I go in to see poppy, now?
Ashleigh: I'll have to check with the doctors. You wait right here.
DJ: Okay.
Ashleigh got up and walked into Dave's room where he was being examined by his doctors. DJ opened up his Roman mythology book and started to read when he heard a commotion. He got up and walked over to the admit desk. There was Jerry, trying to understand a foreign gentleman.
DJ: Jerry, do you need help?
Jerry: I don't know what this guy wants?
DJ listened for a minute than started talking to the man in Italian.
DJ:( in Italian) What is the matter, sir?
Man:( in Italian) My sister just had a baby. I'm trying to find them.
DJ: He needs to know how to get to the maternity ward.
Jerry: Oh. Tell him to go straight down the hall, until he sees the elevator. Take it up to the fifth floor, make a left and he should be at the front desk. They can help him there.
DJ relayed Jerry's instructions to the man in Italian. The man was very grateful and thanked both Jerry and DJ.
Jerry: Thank you, DJ.
DJ: No problem, anytime. After all, Italian is my first language.
After a few minutes, Ashleigh came out of Dave's room. looking for DJ. She found him behind the admit desk with Randi and Jerry. He was typing on the computer.
DJ: See, the reason why you couldn't download these files is because the computer doesn't recognize that folder. Try this one, I think you'll find out it works much better and it's easier to cross reference on the internet with it.
Randi: (smiling) Is there anything you don't know, DJ?
DJ: Not much. My poppy trained me well.
Ashleigh: DJ!!
Ashleigh walks over to the admit desk to collect DJ.
Ashleigh: Sorry, I hope he hasn't been bothering you. Sometimes he can't help it.
Jerry: No, that's alright. He's fine. Actually he helped us out alot.
DJ: Can I see poppy.
Ashleigh: Sure, go on in.
DJ grabbed his book off the bench and ran into Dave's room and was greeted by Marianna. They hugged but DJ was focusing on Dave in bed.
DJ: Aunt Marianna, why is poppy tied down?
Marianna: The doctors are afraid he will pull his breathing tube out if he's loose.
DJ: I would, too if I were poppy.
Marianna: Well, I'll leave the two of you alone to visit.
DJ sits down in the same chair Marianna was just in.
DJ: Hi, Poppy.
Dave blinks at DJ in response.
DJ: Sorry, you have to be tied up, Poppy. Do you want me to untie your restraints?
Dave thinks for a moment, as tempting as the idea sounded, Dave shook his head, NO.
DJ: You don't want me to get into trouble, do you?
Dave nods.
DJ: I wouldn't. Besides, I'm not afraid of getting yelled out. It's not fair anyway.
Dave tries to raise a hand and shakes his head, NO!
DJ: Well, you can't use your computer with them on, so we can't talk but it's not stopping me from reading to you, right.
Dave nods.
DJ: I brought my mythology book with me today. Do you want me to read to you.
Dave nods.
Outside Marianna and Ashleigh wait patiently for DJ to come out of Dave's room, knowing that he could spend hours in there if someone doesn't force him out.
As they started to get into conversation, Mr. Simmons walked in and Kerry walked over to them.
Mr. Simmons: The judge has made his decision.
To be continued. Please read and review.