By Kevin Díaz, President & CEO
This week I’ve been reflecting on the death of Jeff McComas, a dedicated advocate for medical aid in dying and a plaintiff in Compassion Legal’s challenge to the residency requirement in Colorado’s aid-in-dying law.
Following his diagnosis with terminal intestinal cancer in early 2023, Jeff was focused on using his remaining time well.
“While the side effects of cancer and its treatments can be burdensome, I fight through them, try not to complain and make the best of my time,” Jeff told Compassion & Choices in October 2023. “This process has taught me that sadness is a choice. Happiness is a choice. Anger is a choice . . . . Today, I choose happiness. And tomorrow too.”
In addition to quality time with his wife, their kids and their dog, Jeff poured himself into becoming an advocate for end-of-life options, including as a plaintiff for Compassion Legal’s case in Colorado. Although Jeff knew he would likely never see the case’s conclusion, he wanted others to benefit even if he could not.
For me, Jeff’s generosity calls to mind the broader community of supporters and attorneys who have selflessly given their time to make our village stronger.
Compassion Legal exists to protect your rights, uphold your decision-making and ensure your voice matters at the end of life. But we don’t do it alone.
When our team brings lawsuits to challenge residency requirements in state medical aid-in-dying laws, oppose efforts to invalidate end-of-life options, or protect access to end-of-life care, our staff attorneys work closely with pro bono counsel from renowned private law firms alongside our courageous legal clients — many of whom, like you, have been supporters, volunteers and donors to Compassion & Choices.
These lawyers, our clients and Compassion & Choices’ supporters form an interconnected ecosystem that powers our fight to enforce and expand the rights of people at the end of life.
Like Jeff, some of our clients are terminally ill advocates who have chosen to dedicate a significant part of the last months of their lives to our legal efforts to defend end-of-life options and secure patient-directed care.
A longtime advocate for medical aid in dying in her home state of Connecticut, Lynda Bluestein became a plaintiff in Compassion & Choices’ lawsuit challenging the residency requirement in Vermont’s aid-in-dying law just one year after her diagnosis with terminal fallopian tube cancer.
As “the face behind” the case, Lynda used the precious time she had left to advocate for change, including granting media in-depth access to her personal life. When the suit succeeded in removing Vermont’s residency requirement, Lynda was finally able to access the end-of-life option she had fought so hard for. She died peacefully in January 2024, surrounded by her loved ones.
In California, our client Andrew Flack joined Compassion & Choices’ motion to intervene to defend California’s End of Life Option Act in a federal district court lawsuit challenging the law’s constitutionality. Only 34 years old at the time, Andrew was living with stage 4 colorectal cancer. He chose to intervene in Compassion & Choices’ motion despite knowing he likely would not live long enough to benefit from the case.
“My prognosis is a constant reminder that every day is a gift,” Andrew said. “Even with this type of diagnosis, there’s a tremendous amount of good that can come out of it.”
Unfortunately, Andrew died before the court ever ruled on the motion. After witnessing Andrew’s peaceful death using medical aid in dying, his family and friends, including his mother, Suzy, and his roommate, Hasban Shaikh, continue Andrew’s advocacy not only to honor his legacy, but also to ensure everyone has access to the end-of-life care they deserve.
Our cases on behalf of clients like Lynda and Andrew rely on the work of attorneys and law firms who serve as outside counsel for Compassion Legal.
Along with allied organizations, these partners are integral to our legal efforts across the United States, from California to Colorado, from Montana to Vermont. Whether through direct representation, amicus brief support or strategic consultation, pro bono partners play an essential role in our mission to ensure that people have access to compassionate end-of-life care.
John Kappos of O’Melveny Meyers, Dave Bassett and Ryan Chabot of WilmerHale and Bader Giggenbach of Giggenbach Legal are just a few of our recent legal partners who have helped Compassion Legal achieve advances that impact countless lives.
Not only do these legal professionals help propel landmark cases having to do with end-of-life issues, but they also bring a profoundly humane touch to their interactions with our client advocates.
To share just one example: When Evan Rodrigues, a professional hockey player for the Pittsburgh Penguins, learned about Andrew Flack’s cancer journey and his advocacy with Compassion & Choices, he reached out to John Kappos about sending Andrew a package. John facilitated getting Andrew, a huge hockey fan, the package, which contained a card and a signed hockey puck from Evan. Andrew was thrilled, writing to John: “I received a really nice card and an awesome puck with a signature from Evan Rodrigues, #9 on the Pittsburgh Penguins! Sooo badass, I’m definitely flying high today 🏒😀🍕🌊”
The third, vital component of our legal efforts is you, our supporters.
While both legislation and litigation can spark collective action, the reverse is also true: law and litigation are often markers of cultural shifts driven by collective action.
None of our work is possible without the support of our donors and volunteers. From giving what you can to making your voice heard, these actions have a cumulative impact and are the foundation of our movement.
Our supporters empower Compassion Legal to continue protecting access, improving care and ensuring that fully-informed patients are the decision-makers in their end-of-life journey.
Right now, your support enables our ongoing litigation against pregnancy exclusion laws, residency requirements for medical aid in dying and other cases seeking to affirm and expand patient rights at the end of life.
And with every story that is shared around kitchen tables or in the courts, our work gets passed along and multiplied.
Thank you for being a part of our movement.
If you or a loved one is facing barriers to getting the care you want at the end of life, we want to hear from you. And if you’re an attorney — or know one — who believes in patient autonomy and patient-directed care, we invite you to join our growing legal referral network.
Call Compassion Helpline at 800.247.7421 or visit CandC.org/CompassionLegal.
Mail contributions directly to:
Compassion & Choices Gift Processing Center
PO Box 485
Etna, NH 03750
Compassion & Choices is a 501 C3 organization. Federal tax number: 84-1328829
