Matter of Farrell
New Jersey Supreme Court
529 A.2d 404 (1987)
- Written by Deanna Curl, JD
Facts
In 1982, Kathleen Farrell (plaintiff) began to experience symptoms of amyotrophic lateral sclerosis (ALS), a degenerative nervous condition that does not have treatments or a cure. Farrell eventually became paralyzed and had to be connected to a respirator to breathe. Despite the deterioration of Farrell’s physical health, ALS did not affect her mental functioning, and she remained able to communicate. In 1985, Farrell told her husband and teenage sons that she wanted to be disconnected from the respirator so that she could be relieved of her suffering and die. A psychologist evaluated Farrell and found that she was not clinically depressed or in need of psychiatric treatment. Farrell’s husband filed a complaint in the chancery division seeking a declaratory judgment that he and any medical professionals assisting him would not be prosecuted for a crime if they disconnected Farrell from the respirator. The trial court granted the relief requested but stayed the order pending appeal. In the interim, Farrell died but the court agreed to hear the appeal because of the importance of the issue and the likelihood of its recurrence.
Rule of Law
Issue
Holding and Reasoning (Garibaldi, J.)
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