A look at the original right to die case...
Local lawyer argued first feeding-tube removal case
By Michael Cox / Daily News Staff
Thursday, March 24, 2005
The last time Peter Gubellini saw a case create such a firestorm, he was standing in the middle of it.
That was almost 20 years ago, and Gubellini of Wellesley was lobbying the U.S. Supreme Court for one last chance to save a severely brain-injured man from what he still considers a gruesome death.
Now, as the battle over whether Terri Schiavo's feeding tube should be reinserted dominates the nation's headlines, Gubellini is reflecting on his own experiences as the first lawyer to argue such a case.
Over the years since his famous Brophy vs. New England Mount Sinai Hospital case, Gubellini has remained steadfast in his opinion that removing a feeding tube for the purpose of ending a life is the most inhumane way possible to allow someone to die. The notion, he said, is incompatible with the state's interest.
"Do we as a society really want to starve people to death?" he asked.
No longer a trial lawyer -- he made a career switch to teaching high school -- Gubellini has nevertheless followed the Schiavo story with great interest and has a unique respect for the complexities of the case.
Like the Schiavo case, which centers around a brain-damaged, 41-year-old Florida woman who has been kept alive by a feeding tube, Gubellini's 1986 case dealt with the question of whether to remove a feeding tube from a person who had severe and irreversible brain damage.
According to state records of the case, Paul Brophy was afflicted on March 22, 1983, by the rupture of an aneurysm located at the apex of the basilar artery. Prior to that time, Brophy had been a healthy, robust man who had been employed by the town of Easton as a firefighter and emergency medical technician.
Despite surgery on April 6, 1983, he never regained consciousness. He remained in a condition described as a "persistent vegetative state" and was unable to chew or swallow. He was kept alive by an artificial device known as a gastrostomy tube, or G-tube, through which he received nutrition and hydration.
On Feb. 6, 1985, Brophy's wife, Patricia, in her capacity as legal guardian for her husband, filed a complaint in the Probate Court for Norfolk County requesting a judgment granting her the authority to order discontinuance of all life-sustaining treatment for her husband, including artificial nutrition and hydration.
Judge David Kopelman heard the plea that day, and knowing it was the first time such a case had been brought before any court, he ordered a complete review of the issue through a trial. Since Paul Brophy had no legal representative in the matter, the judge appointed Gubellini as his lawyer, thrusting Gubellini into the spotlight.
"I was very concerned that this was the first time a case like this had been heard," Gubellini remembered. "I wanted the right decision for Paul because I knew coming down the line there would be other cases like it."
In his decision, Kopelman ruled in Gubellini's favor, setting the way for the family's appeal to the Massachusetts Supreme Judicial Court.
"I'm still the only person on the planet that's argued a right-to-die case and won," said Gubellini.
During the ordeal, Gubellini found himself in the middle of a nationwide battle between right-to-life and euthanasia proponents, who were both looking at the Brophy case as a way to advance their causes.
"Between the trial and the hearing before SJC, I was on '20/20' and drive-time morning talk shows from Pittsburgh to Chicago."
On Oct. 11, 1986, the SJC reversed the lower court ruling, and in reaching that conclusion, the judges relied on several statements made by Brophy prior to the onset of his illness.
According to court records, Brophy stated to his wife, "I don't ever want to be on a life-support system. No way do I want to live like that; that is not living." About one week prior to his illness, in discussing a local teenager who had been put on a life-support system, he said, "No way, don't ever let that happen to me, no way."
Brophy died in Emerson Hospital at the age of 49 a week after they removed his feeding tube. Gubellini said he has not spoken to the Brophy family in the years following the much-celebrated case.
He's quick to point out that although they were on different sides of the issue, he "never for a moment questioned the love they had for their husband and their father."
As for what has changed since the Brophy case, Gubellini said there seems to be a cultural shift to a more conservative view on such matters. But, as medical advances prolong life in ways never thought imaginable, it remains unclear about how best lawmakers can protect those who cannot speak for themselves against decisions that make death too easy and those that make it too agonizing and prolonged.
With scientific advances muddying the waters of where life begins and ends, Gubellini himself continues to wrestle with its complexities. And, as a teacher at Ayer High School, he faces this issue head-on in his law and contemporary social issues classes, where he continues to argue his case out of the limelight, but in front of some of his toughest jurors - his students.
(Michael Cox is a staff writer for the Wellesley Townsman)
Paul Brophy was buried with full Fire Department honors. Over a thousand firefighters attended his funeral. His wishes were carried out by his loving wife.