A SERIOUSLY ill north Cumbrian pensioner who was at the centre of a high-profile legal dispute about whether her life-saving treatment should continue has died.

Retired nurse Jillian Rushton was in a persistent vegetative state after she sustained a devastating brain injury in an accident but her family were at odds over whether she should continue to be fed by artificial means.

After hearing evidence, Court of Protection judge Mr Justice Hayden ruled that she should be allowed to die.

Mrs Rushton, who lived in a village between Carlisle and Penrith, suffered a traumatic head injury.

But before hear accident in 2015, she wrote a so-called “living will,” confirming that if ever she collapsed and became unable to make or communicate any decisions about her treatment and care, she would not want to be resuscitated or receive life-prolonging treatment.

The judge assessed the evidence during a Court of Protection trial in London in December.

He has now published his judgment, confirming that Mrs Rushton has died. Earlier, Judge Hayden barred journalists from revealing the pensioner’s identity while she was alive. He lifted that ban this week.

Bosses at NHS Cumbria Clinical Commissioning Group (CCG) begun litigation and asked for a decision about Mrs Rushton’s future. Barrister Bridget Dolan QC, for the CCG, said Mrs Rushton was incapacitated by her injury three years ago. But one of her sons wanted feeding to continue.

Other family members disagreed, saying she should be allowed to die. The judge concluded Mrs Rushton was in a vegetative state and would not have wanted to carry on living.

A year before she was injured, she wrote down her wish that she would not want to be resuscitated if she were ever to suffer a collapse.

The judge ruled that she should be moved to a hospice and given only palliative care. One relative told the judge how in her youth Mrs Rushton had been a “something of a stunner”, who had looked like actress Audrey Hepburn. Her husband Donald, a former pathologist, died more than a decade ago. T

he News & Star understands that Mrs Rushton died at Carlisle’s Eden Valley Hospice in Carlisle in December.

Usha Grieve, from the national charity Compassion in Dying, said: “This is a tragic and distressing case in which the clearly expressed wishes of Mrs Rushton were disregarded, meaning that for many years she was provided with the very treatment she had taken great pains to refuse.

“It is particularly worrying that a GP surgery failed...to take the necessary action to ensure a legally-binding Advance Decision (formerly known as a Living Will) was respected.

“As a result, Mrs Rushton’s family have had to endure not only the heartbreak of seeing a loved one become gravely ill with little hope of recovery, but a dispute over her care and treatment.”

“Having supported more than 44,000 people to plan ahead for their future treatment and care, we know that people often choose to make an Advance Decision because they have strong feelings about the treatment they would not want in future, should they become unable to make or communicate such decisions.

“Many take great comfort and peace of mind from recording their wishes in such a legally binding way, rightly assuming that if they do become seriously unwell, difficult decisions will be taken out of the hands of their family members and doctors will be duty-bound by law to respect and follow their stated wishes.”

She said research showed that GPs were hesitant, not confident, or even unwilling to discuss or record patients’ Advance Decisions, and that misunderstandings about the significance and role of Advance Decisions were common.

“Our experience shows that while patients feel ready and able to talk about death and dying, often healthcare professionals do not,” said Ms Grieve.

“If cases like Mrs Rushton’s are to be avoided in future, it is essential that GPs are supported to play their part in ensuring that their patients’ wishes for treatment and care can be properly discussed, recorded and followed. We recognise that GP practices are under immense pressure, so we want to offer our support and expertise to help improve practice.”

The charity’s information line - for the public and healthcare professionals - is 0800 999 2434. The website is at compassionindying.org.uk