Doctor testifies on spinal cord injury in drunken driving trial

A University of Iowa Hospitals and Clinics trauma surgeon testified Tuesday a drunken driving accident victim with a severe spinal cord injury would have remained paralyzed for the rest of his life and his life expectancy may have only been four years.

Dr. Gerald Kealey testified if life support hadn't been withdrawn from Ruben Mayo, 32, he would have spent the rest of his life on a ventilator and remained paralyzed from the mid-neck down. He could only shrug his shoulders and possibly flex or raise his arms but he had no control of his hands, legs or even the muscles that lift ribs to breathe.

Kealey testified in the second day of the vehicular homicide trial of Troy Fox, 36, of Hiawatha. Fox, who was drinking and driving Oct. 5, 2009, is accused of killing Mayo, his passenger, who died from spinal injuries suffered in the crash. Fox lost control of his vehicle and collided with a light pole near Collins Road.

Testimony continues 9 a.m. Wednesday in Linn County District Court. The trial is expected to wrap up Friday.

The issue in this case is that the defense claims Mayo chose to end his life because he withdrew life support but the prosecution claims Fox's reckless actions led to Mayo's death and put him in that position.

Fox is only guilty of driving drunk and causing a serious injury, Kjas Long, Fox's attorney, said in his opening statement.

First Assistant Linn County Attorney Nick Maybanks said in his opening Fox's actions led to Mayo's death and those “actions establish his guilt of homicide by vehicle.”

Kealey, also supervisor of critical care, said people with severe spinal cord injuries like Mayo are prone to serious kidney and lung infections.

“Christopher Reeves died from these complications and he had every resource available,” Kealey said. “I'm not sure what was available to the Mayos.”

Actor Reeves was brought up during this trial because the defense said his condition was similar to Mayo's spinal cord injury.

Kjas Long, Fox's attorney, on cross said Reeves lived nine years. He died from an adverse reaction to an antibiotic.

Kealey said Reeves surviving nine years was exceptional for his injury. Reeves died battling a life threatening infection.

Long asked wasn't it possible to keep someone alive for years on a ventilator if they can't breathe on their own.

“He could watch TV and be read to?” Long asked.

Kealey said yes.

Kealey admitted it was Mayo's choice to end life support. Mayo made that decision with his family after his condition and prognosis was explained many times and what his future would be like, he said.

Mayo died about three or four hours after being taken off life support, Kealey said. Mayo's injuries resulting from the car crash – broken neck, injured spinal cord and not breathing effectively – led to his death.

Kealey told Mayo and the family his condition wouldn't likely improve. Kealey said he couldn't say with absolute certainty it wouldn't but in his 33 years of trauma experience, he's never seen a “miraculous recovery” from injuries like Mayo's.