A Connecticut woman sued Vermont in August to grant her access to the state’s death-defying procedures.
State law currently says only Vermont residents can proceed with procedures involving the prescription of lethal drug cocktails following a multi-step consent process. Like the laws in her nine other states, claiming patients must be diagnosed with an “incurable and irreversible disease” expected to die within six months.
As a result of a settlement agreement with the Vermont Attorney General’s Office filed in U.S. District Court yesterday, Linda Bleustein of Bridgeport, Connecticut, will receive near-death assistance care from Middlebury-based physician Diana Barnard. There is a possibility. was a party to the lawsuit.
“I was so relieved to hear about the settlement of my case…the lawsuit.
This is the second successful lawsuit to challenge state residency requirements sponsored by the group. Compassion & Choices attorneys settled a lawsuit brought by a patient and a doctor against Oregon residency requirements last March.
The group argues that three articles in the U.S. Constitution prohibit states from restricting medical care available to a person based on where they reside.
As written, the settlement applies only to Bluestein.
But the settlement also pledges the named defendant, the State Department of Health, to help remove the residency requirement through legislation currently being considered by lawmakers.
The Vermont House of Representatives overwhelmingly approved last month to remove residency restrictions from the Dying Assistance Act. H.190to a full room in the coming weeks.
State law requires that the surgery be performed under the supervision of a Vermont doctor and the prescription made in Vermont. Proponents recommend that patients take the drug here or in any state with similar laws.
Bernard, whose patient base includes people living in nearby New York state, urged legislators to act quickly. In her statement, she said she was grateful that Brucetine was able to access care “without completely overturning the last few months,” but that she was “all out of state.” For patients of
