Judge Overrules Parents on Cancer Treatment for 13 Yr Old
Daniel Hauser
A Minnesota Judge has determined that the parents of 13 year old Daniel Hauser have “medically neglected” him. The ruling was based upon the parents’ refusal to allow the child to undergo chemotherapy. His parents, Colleen and Anthony Hauser, “have eight children, are Roman Catholic and also believe in the “do no harm” philosophy of the Nemenhah Band. The Missouri-based religious group believes in natural healing methods advocated by some American Indians,” according to the Associated Press.
Brown County District Judge John Rodenberg] allowed Daniel to stay with his parents, noting they love him and acted in good faith, but he gave them until Tuesday to get an updated chest X-ray and select an oncologist.
If the tumor has not grown and if Daniel’s prognosis remains as optimistic as doctors testified last week, then chemotherapy and possible radiation appear to be in Daniel’s best interest, Rodenberg wrote.
“The state has successfully shown by clear and convincing evidence that continued chemotherapy is medically necessary,” he wrote, adding he would not order chemotherapy if doctors find the cancer has advanced to a point where it is “too late.”
If chemotherapy is ordered and the family refuses, the judge said, Daniel will be placed in temporary custody.
It was unclear how the medicine would be administered if the boy fights it, which he said he would do, according to his court testimony unsealed Friday.
According to Daniel’s court testimony, he believes the chemo will kill him, and said: “I’d fight it. I’d punch them and I’d kick them.”
Daniel suffers from Hodgkins lymphoma, which is also known as Hodgkin’s disease. His oncologist recommended six rounds of chemotherapy. ”Doctors have said Daniel’s cancer had a 90 percent chance of being cured with chemotherapy and radiation. Without those treatments, doctors said his chances of survival are 5 percent. Child protection workersaccused Daniel’s parents of medical neglect, and went to court seeking custody.” However, despite the excellent chance of survival, his parents stopped after only one treatment.
“Court testimony indicated Daniel’s tumor shrank after the first round of chemo, but has since grown. His mother, Colleen Hauser, testified last week: “My son is not in any medical danger at this point.”
She has been treating his cancer with herbal supplements, vitamins, ionized water, and other natural alternatives — despite testimony from five doctors who agreed Daniel needed chemotherapy.
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In his ruling, Rodenberg noted that at age 13, Daniel can’t read. “He lacks the ability to give to medical procedures,” Rodenberg said.
“Bostrom said if an X-ray shows that there is still hope Daniel can be cured, it’s possible doctors will recommend the same treatment plan.
The question I ask you is, does the state statute go to far when it requires treatment and deems alternative and complementary health care methods aren’t enough?
Does the statute go to far or are you in favor of it?
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[...] See original here: Judge Overrules Parents on Cancer Treatment for 13 Yr Old [...]
Judge Overrules Parents on Cancer Treatment for 13 Yr Old | cancer research
May 17, 2009 at 7:19 pm
[...] This post was Twitted by ATimeForChange – Real-url.org [...]
Twitted by ATimeForChange
May 17, 2009 at 8:53 pm
Odd that he cannot read at age 13, perhaps there is a logical explanation or perhaps his parents have decided that he doesn’t need to read either…
All jackassery aside, I agree that this case raises some pretty deep ethical questions. I am inclined to let the boy make his own decisions but (as the judge noted) he cannot read and thus I question his ability to make a sound decision for himself. Of course, parents have grown quite adept at making decisions for their children based on their knowledge, beliefs and personal experience. This could get extremely slippery because parents do not have the right to neglect or abuse their children, so at what point do we call it religious freedom and at what point do we call it neglect or abuse?
Reply: Exactly. Add to that research that shows that judgment is impaired in children up to and including the age of between 21-25 and that they cannot comprehend the concept of death and that makes the whole thing that much more complicated.
Sidhe
May 17, 2009 at 9:05 pm
As a twelve year survivor of Hodgkin’s [stage IIIB, nodular sclerosing Hodgkin's; tumors everywhere but in my nervous system and liver/kidneys] I can tell you it is a very fast growing cancer and will end this child’s life if he does not get chemo.
It is one of the most aggressive therapy combinations (ABVD is the acronym for the course I had for six months) but *the* most successful.
People used to say if you get cancer, this is the kind you hope it is, because it is curable. I’m living, breathing proof of that.
Reply: Well I am certainly glad that you beat it. Wow.
skyewriter
May 17, 2009 at 10:25 pm
It is such a struggle to balance our freedoms and yet, still, sadly, protect us from ourselves.
If these parents pulled out a gun and shot that child, they would be held for murder. They are killing him just as surely as if they were pulling the trigger.
Reply: I am having a hard time understanding them.
LeftLeaningLady
May 18, 2009 at 8:46 am
The implications that this ruling lends to the rest of the country and world are bigger than this little boy. The only people who are going to cry if this little boy dies are his parents and the people who love him. Not the doctor. Not the judge. Not the DFACS workers. This decision is unconstitutional. Only in the most EXTREME circumstances where there is undeniable evidence of abuse or neglect should the government get involved in the raising of a child. Can you imagine this boy’s life when he has to go through chemotherapy, which is torture, while in the care of foster parents, or in a group home, or some jaded social worker? It’s awful! Even if the chemo saves him, what kind of therapy is this child going to need to recover psychologically? It is not as if this mother is denying her son’s condition. She is simply seeking alternative treatments.
All I know is that I live in a country that celebrates freedom OF choice, not freedom FROM choice, freedom OF religion, not freedom FROM religion…if those things are changing, then I’m leaving. I honestly hope that Colleen and her son fled the country, because their country has betrayed them, and if I knew of a way to help them I would.
EOZ
May 19, 2009 at 3:16 pm
Thanks skyewriter, glad you lived on to have a sickly life with a depleted immune system, kidney damage, and brain damage.
LeftLeaningLady wrote:
“They are killing him just as surely as if they were pulling the trigger.”
By injecting him with Chemo? Or by not?
Chemotherapy has NEVER been proven to work! It has NEVER cured one person. The fact that he is being taken from his family and forcefully injected is a crime and that judge should be injected with every chemo drug there is.
Reply: If there was an emoticon for irony, I would permanently assign it to you. Skyewriter defended her dissertation today to obtain her Ph.d. so no brain damage. I can speak for the rest of it, but I do know that she is a fun and engaging person who I have enjoyed getting to know immensely and if she had simply refused treatment I think that many people would have missed out on her wit, intellect and her most genuine kindness.
I realize that you are zealous about what you believe in, but the problem with zealots is that they close their mind to all other facts and the facts are not with you on this one. Chemotherapy is not easy, but it has helped many, many people, including my brother-in-law who would not be alive without it.
Kirk Patrick
May 19, 2009 at 4:11 pm
Me, sick? I think you need to check yourself Kirk. Nice, saying such terrible things to a complete stranger. Keeping a child sick *is* child abuse (see Münchausen Syndrome).
As for me, I am healthy and fertile, and intelligent, and mobile, and active– and a newly defended Professor of English and think *you* are a sad person. Is there a treatment for that? I don’t think there is a cure for “jerk.”
skyewriter
May 20, 2009 at 9:27 am
Wow… this is amazing… Zealot!!! That is exactly what I was thinking of everyone promoting chemo!! You know there ARE a lot of alternative successes in cancer treatment just as much as you may think you find in what we now term conventional medicine, and less side effects. Why is it up to the government to make this decision for any one individual? And just because the boy can’t read doesn’t make him an idiot and not able to understand what is affecting his body and going to affect his body.
Check out “The Beautiful Truth” movie ….. this is one treatment that would be good for all of us… just weening ourselves off Mcdonalds would be a great start. Wake up people…the US is becoming immobile due to illnesses solely based on our processed/quick foods. Just take a trip to Europe or Asia and you will immediatly see the difference….no rolly pollies for people!
Everyone should stop drinking the koolaid and wake up!!
Concerned
May 24, 2009 at 9:12 am
AMEN EOZ! YOU NAILED IT PERFECTLY. This is not about a little boy with Cancer, NOT AT ALL. This is about precedent! This is about me and you and our neighbors and our children and all of our individual sovereignty and right to be protected from judical activism. WE (collectively) ARE NOT subjects of our government, OUR GOVERNMENT is subject to us! Why is this so hard for eveyone to understand… THEY WORK FOR US! NOT THE OTHER WAY AROUND! WE ARE SO WILLING TO ROLE OVER AND LET GOVERNMENT TAKE CONTROL. NOT ME, NOT NOW, NOT EVER! I hope and pray that JUDGE JOHN RODENBERG READS THIS. LET ME TELL YOU SOMETHING YOUR “HONOR”, YOU DO NOT TRUMP THE RIGHTS OF ME WHEN IT COMES TO MY FAMILY, Nor do your judical opinions or decrees trump the individual rights of parents anywhere in this great country of OURS. Take your socialist liberal activism and get the hell out of MY judicial system! You make me sick!
GOD…..FAMILY…..COUNTRY…(IN THAT ORDER) Stop being such a bunch of roll-over wimps. This is our country… Thousands of my fellow soldiers have died to give you the freedoms you enjoy everyday, don’t be so willing to discard them like an old dirty rag. Much blood has been shed in the establishment of our freedoms, shame to any American who does not value this sacrifice and give honor to that which it provided!
Gargoyle
May 20, 2009 at 9:17 pm
Hmm Gargolye and Eoz, I wonder if your righteousness is so well honed in terms of women’s reproductive rights? Or letting gay people marry each other in civil unions?
You seem so concerned about what the government is trying to take away from you and *your* family. what about what the government might me trying to do to *protect* this child’s life? Is one life too many for you?
skyewriter
May 21, 2009 at 8:16 am