Time to pass the Medical Aid in Dying Act

Medical aid in dying. What do those words even mean? We’re all going to die. Why do we need medical aid to help us die?

Medical aid in dying is when a terminally ill, mentally sound person — someone with a disease or illness that is incurable and irreversible — with a prognosis from two doctors of six months or less to live, receives a prescription they can self-ingest at a time of their choosing, to fall asleep and have a peaceful death.

It’s an issue that affects very few dying New Yorkers. However, for many — like my friend Zach Cohen, who passed away in October after a battle with brain cancer — knowing that you do not have to suffer or be in pain in the final hours, days or even weeks of your life, provides great comfort.

If you’re from the Town of East Hampton, you may have known Zach Cohen. Zach and I were friends for more than 20 years. We first met when, as a citizen advocate, Zach used his skills to help the town survive a serious fiscal crisis. He also worked with me to implement the Community Preservation Fund in East Hampton. I quickly learned that Zach, who lived in Springs, was not just a financial wizard, but a true Renaissance man who was accomplished in music, photography and the arts. He and his wonderful wife, Pamela, became valued and beloved members of the East End community. It was with great sadness that we learned of Zach’s illness.

Zach was fortunate that he didn’t suffer at the end. However, his final months were spent worrying about whether he would suffer at the end. And he also spent that time advocating to authorize medical aid in dying in New York.

Zach had a glioblastoma (the same cancer that took the lives of Sens. Edward Kennedy and John McCain) removed in July 2019, and early last year, he learned it had returned. Soon after the diagnosis, Zach invited me for a conversation at his home. Sadly, it was the last time I saw Zach. He was scared he was going to suffer terribly but was as determined as I’d ever seen him to both fight the disease and get me to fight even harder to authorize medical aid in dying in New York.

"I’m prepared to do anything to live," Zach said. "I want to be with my wife, Pamela, and our family and friends as long as I can be. I have traveled throughout the Northeast looking for clinical trials to participate in, to provide me with hope and to extend my life.

"My mother died of cancer at an early age. If she had been diagnosed 10 years later, she probably wouldn’t have died. So that’s an influence on me and my medical care. I want to try experimental treatments so that doctors and researchers might be able to find something, not just for me — although I would love it to be effective on my cancer — but that it leads to something to help those who will unfortunately suffer the same fate as I have in the years to come.

"I do not want to die but I more strongly do not want to suffer as I am dying. New York needs a law to authorize medical aid in dying."

That's why he called me.

Over the years, Zach and I had many conversations about a wide range of topics from art to music to finance. We also discussed public policy issues like tick prevention, government financial accountability and more.

We had never discussed medical aid in dying until Zach’s glioblastoma returned. While I was heartbroken, we had a wonderful conversation. I could see the spark in his eyes and his desire to beat the cancer for as long as possible, but I could also feel his sadness and fear. Sad, knowing he was likely to die sooner than later. Fearful, that he would be in great pain or suffer at the end. I know how much it hurt him to think of the pain Pamela would feel having to watch him suffer.

Zach was delighted to know that on medical aid in dying, we strongly agreed that New York needs to join New Jersey, Vermont, eight other states and Washington, D.C. and authorize medical aid in dying. A supporter for quite a while, I’m a co-sponsor of New York’s Medical Aid in Dying Act.

Medical aid in dying is not the right option for everyone. Only a small percentage of dying New Yorkers would be eligible. A smaller percentage yet would consider the option. An even smaller percentage would actually take the prescription. In fact, about one-third of patients who get the prescription in states where medical aid in dying is authorized never take it. But it gives them comfort.

Medical aid in dying provides comfort to so many people, whether they would avail themselves of it or not. Maybe that’s why medical aid in dying has overwhelming support from New Yorkers and New York doctors.

I promised Zach I would do everything I can to help ensure that 2022 is the year New York finally passes the Medical Aid in Dying Act. There are too many dying New Yorkers who need this compassionate end-of-life care option. They need it now and I’m going to fight to see it done.

This guest essay reflects the views of Fred W. Thiele Jr., a member of the State Assembly from Sag Harbor.