DeLay's Own Tragic Crossroads
I vowed I wasn't going to blog anything on this case today, but I could not pass this one up. The one thing that irritates me the most, besides the shredding of the judicial process, is the flagrant hypocrisy of the leaders of the Radical Right. I do not wish to make light of the DeLay's family tragedy, but it needs to be pointed out that these folks never practice what they preach.

CANYON LAKE, Texas — A family tragedy that unfolded in a Texas hospital during the fall of 1988 was a private ordeal — without judges, emergency sessions of Congress or the debate raging outside Terri Schiavo's Florida hospice.

The patient then was a 65-year-old drilling contractor, badly injured in a freak accident at his home. Among the family members keeping vigil at Brooke Army Medical Center was a grieving junior congressman — Rep. Tom DeLay (R-Texas).

Today, as House Majority Leader, DeLay has teamed with his Senate counterpart, Bill Frist (R-Tenn.), to champion political intervention in the Schiavo case. They pushed emergency legislation through Congress to shift the legal case from Florida state courts to the federal judiciary.

And DeLay is among the strongest advocates of keeping the woman, who doctors say has been in a persistent vegetative state for 15 years, connected to her feeding tube. DeLay has denounced Schiavo's husband, as well as judges, for committing what he calls "an act of barbarism" in removing the tube.

In 1988, however, there was no such fiery rhetoric as the congressman quietly joined the sad family consensus to let his father die.

When his father's kidneys failed, the DeLay family decided against connecting him to a dialysis machine. "Extraordinary measures to prolong life were not initiated," said his medical report, citing "agreement with the family's wishes." His bedside chart carried the instruction: "Do not resuscitate."

On Dec. 14, 1988, the DeLay patriarch "expired with his family in attendance."

The situation faced by the congressman's family was entirely different than Terri Schiavo's," said a spokesman for the majority leader, who declined requests for an interview.

"The only thing keeping her alive is the food and water we all need to survive. His father was on a ventilator and other machines to sustain him," said Dan Allen, DeLay's press aide.

There were also these similarities: Both stricken patients were severely brain-damaged. Both were incapable of surviving without medical assistance. Both were said to have expressed a desire to be spared from being kept alive by artificial means. And neither of them had a living will.

Ah, I see. It's different when it's your own family, isn't it Tom? Then why would you seek to deny others that same choice? And, why oh why, do you seek to deny others the right to do this-

The family then turned to lawyers.

In 1990, the DeLays filed suit against Midcap Bearing Corp. of San Antonio and Lovejoy Inc. of Illinois, the distributor and maker of a coupling that the family said had failed and caused the tram to hurtle out of control.

The family's wrongful death lawsuit accused the companies of negligence and sought actual and punitive damages. Lawyers for the companies denied the allegations and countersued the surviving designer of the tram system, Jerry DeLay.

The case thrust Rep. DeLay into unfamiliar territory — the front page of a civil complaint as a plaintiff. He is an outspoken defender of business against what he calls the crippling effects of "predatory, self-serving litigation."

The DeLay family litigation sought unspecified compensation for, among other things, the dead father's "physical pain and suffering, mental anguish and trauma," and the mother's grief, sorrow and loss of companionship.

Their lawsuit also alleged violations of the Texas product liability law.

Rep. DeLay, who since has taken a leading role promoting tort reform, wants to rein in trial lawyers to protect American businesses from what he calls "frivolous, parasitic lawsuits" that raise insurance premiums and "kill jobs."

Last September, he expressed less than warm sentiment for attorneys when he took the floor of the House to condemn trial lawyers who, he said, "get fat off the pain" of plaintiffs and off "the hard work" of defendants.

Aides for DeLay defended his role as a plaintiff in the family lawsuit, saying he did not follow the legal case and was not aware of its final outcome.

The case was resolved in 1993 with payment of an undisclosed sum, said to be about $250,000, according to sources familiar with the out-of-court settlement. DeLay signed over his share of any proceeds to his mother, said his aides.

Three years later, DeLay cosponsored a bill specifically designed to override state laws on product liability such as the one cited in his family's lawsuit. The legislation provided sweeping exemptions for product sellers.

Well. Alrighty then. When it comes to Tom's family, the laws in place took care of them. For the rest of you? Well, you're just frivolous barbarians.

Happy Easter.