Drunken driving accident victim would have poor quality of life if he lived

A neurosurgeon testified Wednesday a drunken driving accident victim paralyzed from the neck down would have had a poor quality of life and never breathed on his own if he had lived.

University of Iowa Hospitals and Clinics Dr. Jeremy Greenlee said if Ruben Mayo hadn't withdrawn life support he would have been wheelchair dependent, had no control of his breathing, bladder and bowels, been at serious risk of pneumonia and infections and been prone to pressure sores on his body.

“It would be a long, difficult saga for the patient and family, and a great deal of expenses,” Greenlee said.

Troy Fox, 36, of Hiawatha, is being tried this week in Linn County District Court for vehicular homicide.

Fox is accused of being intoxicated and driving home with Mayo, 32, also of Hiawatha, as his passenger Oct. 5, 2009. Fox lost control of his car on I-380, near Collins Road, colliding with a light pole and Mayo suffered irreversible spinal cord injury in the crash.

The issue in this case is the defense claims Fox isn't guilty of vehicular homicide because Mayo chose to end his life by withdrawing life support Oct. 11, 2009. The prosecution contends Fox's reckless actions led to Mayo's death.

Greenlee said Mayo had numerous neck fractures and torn ligaments from the base of the skull down his neck, a left artery in his neck was dissected, blood around the surface of the brain and facial fractures. The primary concern was the spinal cord injury.

Kjas Long, Fox's attorney, on cross asked couldn't Mayo move his shoulders and flex his arms?

Greenlee said initially he could shrug his shoulders and flex his biceps but it was intermittent and he lost that ability during his time hospital stay.

Long asked if Mayo could have lived for the rest of his life on a ventilator?

Greenlee said yes with intensive and supportive care but he would have been a high risk to infections, ulcers and pneumonia.

Long then asked if Mayo could blink his eyes to communicate in a non-verbal way?

Greenlee said he could.

First Assistant Linn County Attorney Nick Maybanks asked if the intake of oxygen is required to breathe, have a heartbeat, blood flow and sustain brain functions?

Greenlee said yes but Mayo would have to remain on a ventilator to maintain these functions.