Daniel Foggo
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From the moment that Daniel James drank the milky liquid and laid his head on the pillow, there was no going back. Within minutes his eyes had closed, his breathing slowed and then he was dead, his once-vigorous body peacefully but lethally shut down by the barbiturate solution he had swallowed.
Such is the scene at Dignitas, the Swiss clinic that offers assisted suicide, where Daniel died last month. Nan Maitland, who has previously accompanied somebody committing suicide at Dignitas, said: “It takes place in a flat, very plainly furnished and decorated but extremely nice. It is a new place, as Dignitas moved recently.
“Daniel would have been lying on a bed I’m sure, and at the end of the bed is a video camera to record everything to show the Swiss police that everything happened according to his own wishes.
“Whoever held the drink for Daniel has to be a volunteer, as Swiss law states that no one must profit from the death. He would be asleep within two or three minutes and then dead probably within an hour. It is all done very compassionately and goes at the pace which suits the person committing suicide. The volunteer stays in the room with the family throughout and afterwards calls the police doctor.”
In the room with the 23-year-old when he died were his parents Mark and Julie. Their grief was tempered only by the knowledge that this was the end that Daniel, who had been almost completely paralysed in a rugby accident, had desperately and determinedly sought.
Yesterday Maitland, a supporter of the right to die movement who has spoken to Julie James, said: “When Dan found out about Dignitas he knew that he wanted to go. It was simply his decision and no one else’s.”
The manner of his death, however, has sparked controversy. Though in need of 24-hour care, Daniel had not been suffering from a terminal disease, and he has been one of the youngest Britons to die at Dignitas.
His family issued a heartfelt statement. “His death was an extremely sad loss for his family, friends and all those that care for him, but no doubt a welcome relief from the ‘prison’ he felt his body had become.”
In addition, his mother said: “He couldn’t walk, had no hand function, but constant pain in all of his fingers. He was incontinent, suffered uncontrollable spasms in his legs and upper body and needed 24-hour care.
“While not everyone in Dan’s situation would find it as unbearable as Dan, what right does any human being have to tell any other that they have to live such a life, filled with terror, discomfort and indignity?”
Julie James said Dignitas had been her son’s only viable option. “Dan had tried to commit suicide three times but this was unsuccessful due to his disability. Other than to starve himself, to travel to Switzerland was his only option.”
Though suicide is not illegal under British law, aiding or abetting suicide is. At Dignitas, the key act, the proffering of the barbiturate, is done by a volunteer and in Swiss jurisdiction assisted suicide is legal. Proving to a court that relatives or friends who help suicidal people make the trip abroad are guilty of a crime in the UK is something the director of public prosecutions has not chosen so far to attempt.
However, Daniel’s parents, who run a stud farm near Worcester, have been questioned by police officers from West Mercia constabulary, who are conducting an investigation into the circumstances of his death. Were they right to help? Was Daniel right to choose to die?
BORN into a rugby-loving household, Daniel’s passion for the game was matched only by his talent for playing it. As well as turning out for a host of clubs in his area, Daniel also played for the England under-16s and went on to represent Loughborough university — helping to win back-to-back British Universities Sport Association titles. He also played for the England students’ team.
Unlike some ardent sportsmen, Daniel made sure he did not neglect his education. He attended Chantry high school in Worcester and then Worcester royal grammar school before studying construction engineering management at university.
Alan Buzza, director of rugby at Loughborough, said: “Dan was a tough boy, he had attitude, and was a good athlete and handler, whose constructiveness with the ball also made him a good sevens player. He was a big character — one of his nicknames was ‘Cowboy’ — and he was a guy who lived life to the full and threw himself into everything wholeheartedly.”
He grew into a burly hooker — a player who is in the thick of things in the scrum, at the centre of the front row with bodies all around. He was tipped to make his mark as a professional. Then in March last year he was in a scrum that collapsed during training with his team, Nuneaton.
As the pack collapses, the danger is that players in the front row, such as the hooker in the middle, can take great weights upon their necks at an awkward angle. Daniel’s spine was dislocated, trapping his spinal cord. He was immediately paralysed.
He could not move from the chest down and lost the use of all his limbs. Unable to make the enormous mental adjustment from robust athlete to tetraplegic, he became convinced that he wanted to end his life. His condition, however, meant that he could not commit suicide, unless he chose the long and painful horrors of starvation. Instead, he wanted help.
To opponents of euthanasia, the help he should have had was not from Dignitas. They believe he should have had help to rediscover hope and to live a new kind of life.
“This young man, Daniel James, did not need help to kill himself: he needed help to live with severe disability,” said Dr Peter Saunders of the Care Not Killing Alliance, which campaigns against assisted suicide. “It is most unfortunate that he fell into the hands of Dignitas when he did. He was still very much in the acute stage of loss and he was also almost certainly profoundly depressed. It is a terrible tragedy.”
Saunders added: “What is needed is a more positive outlook in caring for people’s physical and spiritual needs. People can come through these difficulties.”
One who did was Roger Addison, who, as a promising 21-year-old rugby player for Pontypool, was paralysed in a scrum in 1966. Now 63, he resides at a Cardiff hospital, attended by family and rugby friends. His determination to live appears unwavering after 40 years of serious disability.
“Roger has this huge belief that he is here for a purpose,” said Arthur Crane, an official at his old club. “He has been an inspiration.”
In Daniel’s dark days following his injury, however, he lost sight of any purpose. Despite apparently regaining some slight feeling in his fingers, he must have believed that his chances of ever achieving much movement again in his body were minimal.
WHEN Dan’s parents returned to England after his death, they discovered someone had raised his suicide with the authorities. Julie was upset and angry. In a posting on a website, she wrote: “Whilst we were away some ‘well-meaning’ person involved with social services took it upon herself to call the police.
“This person had never met Dan before or after his accident and obviously gave no consideration for our younger daughters who had seen their big brother suffer so much.
“I hope that one day I will get the chance to speak to this lady and ask if she had a son, daughter, father, mother, who could not walk, had no hand function, was incontinent, and relied upon 24-hour care for every basic need and they had asked her for support, what would she have done?”
The right of someone to be master of their own destiny, even if others are physically needed to help him or her carry it out, is central to the Dignitas issue, say campaigners for the right to carry out assisted suicides.
Dr Michael Irwin, a retired GP, former medical director of the United Nations and a past chairman of the Voluntary Euthanasia Society (now renamed Dignity in Dying), said: “It has to be his choice and I would not in any way condemn this young man’s parents.”
Irwin, who has accompanied three people to the Dignitas clinic and says he is planning to take a 90-year-old suicidal friend there in December, said it was clear that the British authorities were content to take no action unless there was evidence to show a death was anything other than voluntary.
Though he supports assisted suicide, he said: “The law in a sense should stay as it is because there might be a case of someone who is tricked into going to Dignitas by their relatives and therefore in that case police might feel they should start an inquiry and take some action afterwards.”
Saunders, however, believes “we are on a slippery slope” towards too easily condoning assisted suicide. “At Dignitas we started with people with cancer and motor neurone disease, then we went to chronically ill people and those with conditions such as diabetes or multiple sclerosis where their life expectancy isn’t necessarily shortened.
“Now we are moving on to people with severe disabilities. It is turning into a copycat scenario and it disturbs me. It is right for the police to investigate these cases.”
But for Daniel’s parents, respecting his decision to die was, in the end, the only thing they felt they could do. As Julie James poignantly put it: “Our son could not have been more loved and had he felt he could live his life this way he would have been loved just the same, but this was his right as a human being. Nobody, but nobody, should judge him or anyone else.”
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But sadly steve psychological services in the public sector are scarce in the uk sadly I have been waiting for nearly 2 years for help and still have not had it because social service teams in which technically I was 2 now its down to 1 but the real sad thing is tht they go by a person's iq now day
Dan, Shewsbury, Shropshire
Having been an assistant in hospital of chronically ill elderly in my teens, and having seen what it means to be vegetable, I would choose death over life unworthy living at any moment. I think people should always have the right to terminate their own lives if they see it unworthy living.
fleur-de-lis, Helsinki, Finland
To Dans Parents,
The primary concern in all of this was your son, this was the voice heard over all others, putting your own concerns aside and listening to his.
Surely this is all that matters.
I offer my sympathy but mostly my respect for holding your sons wishes above your own.
J, Nuneaton,
What Dr Peter Saunders and the Care Not Killing Alliance fail to comprehend, is that whilst they may believe he needed greater support in accepting his disability, Daniel James did not want this. The sheer arrogance of these people beggars belief. Daniel's parents did the right thing 100%.
Jacki Ladbroke, London,
We have the right to decisions that we make in our lives. I think if he wanted to end his life then he should be able to do so and no one be punished. The declaration gives us the right to pursue happiness. If he wasnt happy and knew the only way to find happiness is to end his life, then so be it.
Kailey, Ventura, USA
I understand the law's need to investigate, however ravishing and unjust it may feel to those who are innocent. But the possibility that death could be encouraged is abominable. It is a sad draw-back to a sad story that only seeks a peaceful end, and I deeply sympathize with all Dan's loved ones.
Greg Fivash, Ventura, USA
This has nothing to do with courage or strength, but quality of life; for everyone this is different, which is why it is not social acceptable to participate in any form of suicide. For some it is considered to be taboo, others see it as a release of their pain.
Kaylen, Ventura, United States
Not enough room to tell you how I feel and give you my support.
Your Son is now resting in peace and I sincerely hope that you can live in peace safe in the knowledge that you were there for him when he needed you
God Bless
Fred, Staffs, UK
Mrs James is quoted elsewhere that Daniel did not want a second class existence. While they have my sympathy, please don't let disabled people feel that their existence can only be second class. Many tetraplegics make a very valuable contribution. What if Stephen Hawking had chosen to end his life?
John, london, UK
I think that Daniel was incredibly brave. To chose to die is not a decision that is made lightly and he must have had an enormous amount of courage to do so.
My heart goes out to his caring family who have to live each day without him but chose to support him through their love and devotion xx
liz, helmshore, uk
Sometimes there are circumstances that people cant live with, and years of 'psychological councelling' may not have made any difference.
I respect the fact he has the right to make this decision.
john, london,
To Daniels parents: I feel so sad for you and Daniel. In time you may wonder if you did the right thing, Please always remember that it was what he wished and you agreed only because you loved him so much and he died in a dignified way with you beside him, not in fear and not alone.It was right x
christine, humberside, england
a badly disabled life is damn near intolerable. I don't need any assistance to commit suicide- just sufficient motivation which the DWP is about to give me
peter c, Devizes, Wessex
Daniel was the only person who had the right to choose how and when he died and his parents must be wonderful people to have the courage to respect his wishes.
Patricia Thornton, Veliko Tarnovo, Bulgaria
Whilst anyone has the right to choose to kill themselves, I feel that the decision was taken too soon. I agree with the poster above that psychological needs were not met.
I was suicidal seven years ago. Had made a plan and left a note. I didn't kill myself.
My life now is brilliant.
Paul, Chorley, England
To Dan's Parents
So sorry to hear about your sons death. I agree he had the right to choose his own destiny.
I am also Tetraplegic C6/7 Complete, from 06. My concern would be that he was failed by the system. He should have had his psycological needs cared for twice as much as his physical needs
Steve, Rugby, UK