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  1. #1
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    Default Judge Rules Teen Must Get Cancer Treatments

    Judge Rules Teen Must Get Cancer Treatments

    Friday , May 15, 2009

    AP
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    MINNEAPOLIS —
    A Minnesota judge has ruled a 13-year-old boy with Hodgkin's lymphoma, a highly treatable form of cancer, must seek medical treatment over his parents' objections.

    In a 58-page ruling Friday, Brown County District Judge John Rodenberg found that Daniel Hauser of Sleepy Eye has been "medically neglected" and is in need of child protection services. Rodenberg said Daniel will stay in the custody of his parents, but Colleen and Anthony Hauser have until May 19 to get an updated chest X-ray for their son and select an oncologist.

    Rodenberg wrote that Daniel has only a "rudimentary understanding at best of the risks and benefits of chemotherapy. ... he does not believe he is ill currently. The fact is that he is very ill currently." Because of that and other evidence in the case, Rodenberg ruled there is a "compelling state interest sufficient to override the minor's genuine opposition."

    A court-appointed attorney for Daniel, Philip Elbert, called the decision unfortunate.

    "I feel it's a blow to families," he said Friday. "It marginalizes the decisions that parents face every day in regard to their children's medical care. It really affirms the role that big government is better at making our decisions for us."

    Elbert said he hadn't spoken to his client yet. The phone line at the Hauser home had a busy signal Friday. An attorney for the parents had no immediate comment but planned to issue a statement later in the day.

    Doctors have said Daniel's cancer had up to a 90 percent chance of being cured with chemotherapy and radiation. Without those treatments, doctors said his chances of survival are 5 percent.

    Daniel stopped chemotherapy in February after a single treatment. He and his parents opted instead for "alternative medicines" based on their religious beliefs. Child protection workers accused Daniel's parents of medical neglect; but in court, his mother insisted the boy wouldn't submit to chemotherapy for religious reasons and she said she wouldn't comply if the court orders it.

    "Daniel loves his parents and they love him. He should remain with them as long as he receives treatment complying with the minimum standards of parental care provided by Minnesota law," Rodenberg wrote.

    He also said he was following the law in the best interest of the child.

    "If the Minnesota Legislature ever reconsiders the relevant statutes, I am confident that I join all of the others involved in this matter in hoping, and indeed in praying, that Daniel Hauser lives to testify at that hearing."

    Daniel's parents have been supporting what they say is their son's decision to instead treat the disease with nutritional supplements and other alternative treatments favored by the Nemenhah Band. The Missouri-based religious group believes in natural healing methods advocated by some American Indians.

    "This is about the right of a 13-year-old young man to be free from acts of assault on his body," said the family's attorney, Calvin Johnson, on Thursday.

    Dr. Bruce Bostrom, a pediatric oncologist, diagnosed Daniel Hauser with Hodgkin's lymphoma in January and recommended he undergo chemotherapy treatments once a month for six months, followed by radiation. Daniel became gravely ill about a week later and was taken to an emergency room, Bostrom said, and the family consented to the first chemotherapy treatment.

    After that, Bostrom said, the family said they wanted a second opinion. They later informed him that Daniel would not undergo any more chemotherapy. Bostrom said Daniel's tumor shrunk after the first chemotherapy session, but X-rays show it has grown since he stopped the chemotherapy.

    "My son is not in any medical danger at this point," Colleen Hauser testified at a court hearing last week. She also testified that Daniel is medicine man and elder in the Nemenhah Band.

    Johnson said Daniel made the decision himself to refuse chemotherapy, but Brown County said he did not have an understanding of what it meant to be a medicine man or an elder. Court filings also indicated Daniel has a learning disability and can't read.

    The Hausers, who are Roman Catholic, have eight children. Colleen Hauser told the New Ulm Journal newspaper that the family's Catholicism and adherence to the Nemenhah Band are not in conflict, and said she has treated illness with natural remedies her entire life.

    Nemenhah was founded in the 1990s by Philip Cloudpiler Landis, who said Thursday he once served four months in prison in Idaho for fraud related to advocating natural remedies. Landis said he founded the faith after facing his diagnosis of a cancer similar to Daniel Hauser. He said he treated it with diet choices, visits to a sweat lodge and other natural remedies.

    "The issue is Danny's right to decide how he wants to live his life," Landis said. "What if they make him take chemotherapy and he dies from that? The band will mourn with the family if that's the case, but we'll rejoice that Danny had the opportunity to test the law of the land."

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    Pretty interesting story. The question of this really isn't their religious beliefs, whether you agree, they are what they are. The question to me has to do more with how far should the government impede themselves into citizens lives. On one hand, I hate big government and want them out of our lives as much as possible, on the other, it's a child. Pretty tough.

  3. #3
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    and that's really the issue here...does the government have the right to tell a family how to live, or die...or that they HAVE to live.

    With an adult I think it's a pretty cut and dry question but with a child, it gets complex.
    Stay out of it, dude.


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    PM Goo with your concerns OLO's Avatar
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    One of my best friends is a Critical care/Trauma nurse, she deals with this stuff all the time, its about every other week. They frequently have to contact the States Attorney General to have them rule on medical treatment.

    Just this week she had a kid that needed blood, the Parents are Jehovah Witnesses. I guess Jehovah Witnesses feel they should not get blood other than there own. This kids needs surgery to fix something but will need blood during the surgery, the AG's office said no do not give the kid blood but perform the surgery. The surgeon said he will not perform the surgery without the blood. Its a fucked up situation. Sounds like this kid is going to die.
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    08.04.17 @ 11:33 PM
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    They should want their son to live. Without treatment, he won't.
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  6. #6
    Atomic Punk
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    Quote Originally Posted by OLO View Post
    One of my best friends is a Critical care/Trauma nurse, she deals with this stuff all the time, its about every other week. They frequently have to contact the States Attorney General to have them rule on medical treatment.

    Just this week she had a kid that needed blood, the Parents are Jehovah Witnesses. I guess Jehovah Witnesses feel they should not get blood other than there own. This kids needs surgery to fix something but will need blood during the surgery, the AG's office said no do not give the kid blood but perform the surgery. The surgeon said he will not perform the surgery without the blood. Its a fucked up situation. Sounds like this kid is going to die.
    honestly...if we are going to live in a truly free society where parents are in charge of raising their kids and we have freedom of religion, than yeah, a lot of kids are going to die.

    And honestly, as much is I disagree with the idea of a child not receiving life saving treatment because said treatment is against his/her parent's personal/religious beliefs (not too much how absolutely misguided and retarded those beliefs are) I really think that the government should stay out of it. I don't agree with their beliefs but in a free society they should be entitled to have them...despite how much I disagree with them.

    If a parent wants to leave healing their child up to god...whatever. I think there's a lot of inherent hipocrisy with these folks becaue they pick and choose what constitutes "playing god" and that bugs the hell out of me...but whatever, if they want to let their kid die, that's their business.

    By the same token, assistant suicide damn well better be completely legal, as should abortion.

    Can't have it both ways religious freaks.
    Stay out of it, dude.


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  7. #7
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    Nationwide Manhunt for Mom of 13-Year-Old Boy Resisting Chemo

    Wednesday, May 20, 2009

    AP
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    NEW ULM, Minn. —
    Authorities nationwide are on the lookout for a mother and her 13-year-old cancer-stricken son who fled after refusing the chemotherapy that doctors say could save the boy's life.

    Colleen Hauser and her son, Daniel, who has Hodgkin's lymphoma, apparently left their southern Minnesota home sometime after a Monday doctor's appointment and X-ray showed his tumor had grown.

    Related: Boy, 13, With Cancer Says He'll Punch, Kick to Avoid Chemo

    Brown County District Judge John Rodenberg issued an arrest warrant Tuesday for Colleen Hauser and ruled her in contempt of court. Rodenberg also ordered that Daniel be placed in foster care and immediately evaluated by a cancer specialist for treatment.

    The boy's father, Anthony Hauser, testified he didn't know where his wife and son were but has made no attempt to find them. He testified he last saw his son Monday morning, and he saw his wife only briefly that evening when she said she was leaving "for a time."

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    Officials distributed the arrest warrant nationwide and issued a crime alert to businesses around the country, Brown County Sheriff Rich Hoffman said. He said investigators were following some leads locally, but declined to elaborate.

    "It's absolutely crazy. It's very disappointing," James Olson, the attorney representing Brown County Family Services. "We're trying to do what's right for this young man."

    Daniel's Hodgkin's lymphoma is considered highly curable with chemotherapy and radiation, but the boy quit chemo after a single treatment. With his parents, he opted instead for "alternative medicines," citing religious beliefs. That led authorities to seek custody. Rodenberg last week ruled that Daniel's parents were medically neglecting their son.

    The Hausers are Roman Catholic and also believe in the "do no harm" philosophy of the Nemenhah Band, a Missouri-based religious group that believes in natural healing methods advocated by some American Indians.

    Colleen Hauser testified earlier that she had been treating his cancer with herbal supplements, vitamins, ionized water and other natural alternatives.

    The founder of Nemenhah, Philip Cloudpiler Landis, said it was a bad idea for Colleen Hauser to flee with her son.

    "She should have gone to court," Landis said. "It's how we work these things out. You don't solve anything by disregarding the order of the judge."

    And Anthony Hauser now agrees that Daniel needs to be taken back to a doctor for re-evaluation for the best treatment, said Calvin Johnson, an attorney for the parents.

    The family was due in court Tuesday to report the results of a chest X-ray and their arrangements for an oncologist. But only Daniel's father appeared. He told Rodenberg he last saw his wife Monday evening.

    "She said she was going to leave," Hauser testified. "She said, `That's all you need to know.' And that's all I know."

    He said Colleen Hauser left her cell phone at their home in Sleepy Eye.

    The family's doctor, James Joyce, testified by telephone that he examined Daniel on Monday, and an X-ray showed his tumor had grown to the size it was when he was first diagnosed.

    "He had basically gotten back all the trouble he had in January," the doctor said.

    He said Daniel was at risk of substantial physical harm and needed immediate action.

    Daniel was accompanied to the appointment by his mother and Susan Daya, a California attorney.

    Joyce testified that he offered to make appointments for Daniel with oncologists, but the Hausers declined. He also said he tried to give Daniel more information about lymphoma but that the three left in a rush.

    "Under Susan Daya's urging, they indicated they had other places to go," Joyce said.

    Daya did not immediately return a page left on her cell phone Tuesday by The Associated Press. Her voice mailbox was full. The court also tried to reach her during the hearing, but got no answer.

    In his ruling last week, Rodenberg wrote that he would not order chemotherapy if Daniel's prognosis was poor. But if the outlook was good, it appeared chemotherapy and possibly radiation would be in the boy's best interest, he wrote.

    Daniel's lymphoma was diagnosed in January, and six rounds of chemotherapy were recommended. He and his parents sought other opinions, but the doctors agreed with the initial assessment.

    State statutes require parents to provide necessary medical care for a child, Rodenberg wrote. The statutes say alternative and complementary health care methods aren't enough.

    He also wrote that Daniel, who has a learning disability and cannot read, did not understand the risks and benefits of chemotherapy and didn't believe he was ill.

    Daniel testified he believed the chemo would kill him and told the judge in private testimony unsealed later that if anyone tried to force him to take it, "I'd fight it. I'd punch them and I'd kick them."

  8. #8
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    Sounds like the kid has been brainwashed to me.
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  9. #9
    Atomic Punk stilleddiesangel's Avatar
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    08.25.17 @ 05:45 PM
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    As much as I believe in parents right to bring up their child in their own religion, there has to be a point where society steps in to save a childs life. This is rediculous. This kid could live a long life and the parents are irresponsible in not allowing treatment. My first thought would be, "save my child.. whatever you have to do.. save my babies life".

    Thats what we are parents for, to protect and preserve the lives of our kids. This is about rights, the right of the child to have the treatment available to simply stay alive. Thats like not feeding a kid if he's hungry. It's abuse, plain and simple.

    To brainwash the child into believing the treatment will kill him is horrific!
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    the state needs to step in and force the treatement on the kid. I do find it interesting that the parents where ok with the doctors determining the kid has cancer but won't allow them to cure it.

    Religion cannot stand in the way of the safety of the child. Much like I can't murder my kid and get off because "god told me to", there needs to be a seperation between religion and the law in these types of situations. I don't like government telling parents what they should do but someone has to stand up for the rights of the child.

  11. #11
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    Quote Originally Posted by it's me View Post
    the state needs to step in and force the treatement on the kid. I do find it interesting that the parents where ok with the doctors determining the kid has cancer but won't allow them to cure it.

    Religion cannot stand in the way of the safety of the child. Much like I can't murder my kid and get off because "god told me to", there needs to be a seperation between religion and the law in these types of situations. I don't like government telling parents what they should do but someone has to stand up for the rights of the child.
    Yep.

    If I join some fringe religious group that advocates not feeding my child for weeks at a time as a form of punishment, am I protected by religious freedom as well? If I join NAMBLA and let my children be molested by adults, am I protected then too?

    Adults should have the freedom to do whatever the heck they want--to themselves. They don't have the freedom to do whatever they want to their children.

  12. #12
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    06.14.17 @ 06:46 PM
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    Here's another case making the news that makes me sick:

    A mother accused of homicide for only praying while her 11-year-old daughter died of untreated diabetes knew the girl was gravely ill at least a day before she died, a sister-in-law testified Monday.

    Susan Neumann of rural Merrill was the first witness to testify in the trial of Leilani Neumann, 41, who is charged with second-degree reckless homicide in her daughter Madeline's March 23, 2008, death.

    Susan Neumann said Leilani Neumann told her that she came home from work at the family's coffee shop on March 22 and "felt the spirit of death" when she reached for the knob to open the door to the house.

    "She was afraid," the sister-in-law said. "She ran upstairs to Kara (Madeline's nickname) and felt her and was relieved to feel warmth in her arm. Then she said they started praying and praying and praying and didn't stop praying until supper time."

    Prosecutors contend any reasonable parent would have known something was wrong and Neumann, who believes healing comes from God, recklessly killed her daughter by praying instead of rushing her to a doctor as the girl became so weak she couldn't walk or talk.

    The maximum punishment for second-degree reckless homicide is 25 years in prison.

    Before the start of the trial Monday, Leilani Neumann read from her Bible and circled the defense and prosecution tables several times in prayer.

    Susan Neumann testified that she no longer had a relationship with her brother, Dale Neumann, who is Madeline's father. She said she contacted police about two weeks after the girl's death fearful for her brother's other three children and worried that there could be "mass suicide" in the family.

    Under cross-examination, the witness was asked whether God told her to go to the police.

    She said she prayed about it but "felt in my heart" it was the right thing to do and maybe God answered her prayers.

    Ariel Neff, 18, of Ripon, Calif., testified that she made three calls to police in Marathon County on March 23, 2008, from California trying to get someone to check on Madeline. Neff had married Leilani Neumann's brother two days earlier and knew the mother believed in "faith and not in doctors."

    Neff, who is separated from her husband, said she had learned from her new family that Madeline was likely in a coma and someone was trying to give the girl fluids with a syringe, which she believed could drown the girl.

    Neff's three calls to police came roughly 40 minutes before someone in the Neumann home called 911 to report that Madeline was no longer breathing.

    Neff cried when asked why she didn't give up trying to get the girl help.

    "I knew that if nothing was done, that little girl was going to die," Neff said. "I knew that she hadn't gotten food for a couple of days. I could not let the little girl just sit there and die."

    Everest Metro Policeman Scott Marten was the first officer at the Neumann home March 23. He found the girl on a mattress and chaos throughout the household as the father pushed on her chest trying to get her to breathe.

    Madeline looked malnourished, the officer told the jury. "She was skinny and just appeared to be frail."

    The Neumann family followed the ambulance to the hospital and at one point went into a trauma room where the girl was taken, Marten testified.

    "They were walking in circles around her bed and they seemed to be praying for quite some time," he said.

    http://www.examiner.com/a-2021569~Te...ath_trial.html

  13. #13
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    To what extent should the State take over from parents who are deemed unfit or who are making bad decisions?

    The question was raised yesterday offline because there's this story going on and the story of the 66 year old lady that is pregnant.

    Someone brought up the point that the state shouldn't allow that woman to have a baby because, due to her age, she is at a higher risk to die before the baby is old enough to take care of itself.

    In this cancer case, there are people encouraging the state to take over because the parents don't want to give the kid chemo.

    Should the state take over if someone with cancer has a baby because their cancer puts them at a higher risk of dying before the baby is old enough to take care of itself.

    If withholding chemo is grounds to have your child taken away could withholding an education, as defined by the state?

    What if the parents are withholding what the state deems is a proper diet?

    Superficially, it's easy to say "yeah, take that kid and give him chemo, let him live and prosper and get married and all that and simultaneously, throw the parents in jail for being neglectful, evil, deeply misguided lunatics.

    However, it poses several questions about individuals and their rights to raise their families, about right to life, about right to death and about privacy first and foremost.

    Why does the entire country even know about these people?

    Does a hospital have the right and the perogative to call the cops and go to the courts whenever they are denied the opportunity to do what they do...treat people.
    Stay out of it, dude.


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  14. #14
    Atomic Punk Menlow's Avatar
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    Quote Originally Posted by broken9500 View Post
    To what extent should the State take over from parents who are deemed unfit or who are making bad decisions?

    The question was raised yesterday offline because there's this story going on and the story of the 66 year old lady that is pregnant.

    Someone brought up the point that the state shouldn't allow that woman to have a baby because, due to her age, she is at a higher risk to die before the baby is old enough to take care of itself.

    In this cancer case, there are people encouraging the state to take over because the parents don't want to give the kid chemo.

    Should the state take over if someone with cancer has a baby because their cancer puts them at a higher risk of dying before the baby is old enough to take care of itself.

    If withholding chemo is grounds to have your child taken away could withholding an education, as defined by the state?

    What if the parents are withholding what the state deems is a proper diet?

    Superficially, it's easy to say "yeah, take that kid and give him chemo, let him live and prosper and get married and all that and simultaneously, throw the parents in jail for being neglectful, evil, deeply misguided lunatics.

    However, it poses several questions about individuals and their rights to raise their families, about right to life, about right to death and about privacy first and foremost.

    Why does the entire country even know about these people?

    Does a hospital have the right and the perogative to call the cops and go to the courts whenever they are denied the opportunity to do what they do...treat people.

    If a parent was withholding food from their child, do you think the state should step in? I would think the answer is yes.

    Why should it be different regarding treatment that every doctor agrees is necessary to save his life?

    Like I said, adults should be allowed to make their own choices. However, when it comes to the health and possibly life of a child, parents should not have carte blanche.

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    Quote Originally Posted by Menlow View Post
    If a parent was withholding food from their child, do you think the state should step in? I would think the answer is yes.

    Why should it be different regarding treatment that every doctor agrees is necessary to save his life?

    Like I said, adults should be allowed to make their own choices. However, when it comes to the health and possibly life of a child, parents should not have carte blanche.
    are doctors then the standard bearers for our society? Are they who are to determine what parental decisions are healthy?

    In this case it is a matter of withholding treatment.

    What if a parent wanted to go to extreme lengths to try and save a child's life...and every doctor agreed that it wasn't going to work. Should they be allowed to do so?

    What if a parent wanted to withhold treatment that only 90% of doctors agreed would save the child's life?

    What if a parent wanted to withhold treatment that only 10% of doctors agreed would save the child's life?

    What if a parent wanted to withhold something other than treatment or food, something that every doctor agreed would ensure a healthy life in the future? Say the parents were withholding vegetables?

    What if the parents made the kid watch 18 hours of TV a day and every doctor said the kid was at risk for seizures?
    Stay out of it, dude.


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