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Saturday, July 22, 2006

Just Saying No

In a story that offers a disturbing echo of the Terri Schiavo case, we have this article from AP about a juvenile court judge who ordered a Virginia teen with Hodgkins Disease into state custody to receive treatment neither he nor his parents want for him.

A judge ruled Friday that a 16-year-old boy fighting to use alternative treatment for his cancer must report to a hospital by Tuesday and accept treatment that doctors deem necessary, the family's attorney said.

The judge also found Starchild Abraham Cherrix's parents were neglectful for allowing him to pursue alternative treatment of a sugar-free, organic diet and herbal supplements supervised by a clinic in Mexico, lawyer John Stepanovich said.

Jay and Rose Cherrix of Chincoteague on Virginia's Eastern Shore must continue to share custody of their son with the Accomack County Department of Social Services, as the judge had previously ordered, Stepanovich said.

The parents were devastated by the new order and planned to appeal, the lawyer said.

Stepanovich said he will ask a higher court on Monday to stay enforcement of the order, which requires the parents to take Abraham to Children's Hospital of the King's Daughters in Norfolk and to give the oncologist their written legal consent to treat their son for Hodgkin's disease…

After three months of chemotherapy last year made him nauseated and weak, Abraham rejected doctors' recommendations to go through a second round when he learned early this year that his Hodgkin's disease, a cancer of the lymph nodes, was active again.

A social worker then asked a judge to require the teen to continue conventional treatment. In May, the judge issued a temporary order finding Abraham's parents neglectful and awarding partial custody to the county, with Abraham continuing to live at home with his four siblings.


Wasn’t Virginia once home to such noted independence-minded gentlemen as Tom Paine, George Mason, Thomas Jefferson, and George Washington? My how things change in a short 230 years.

Comments

Rob
Rob
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The Schiavo case was a bit different.  The patient at hand was comatose, and there was no small amount of disagreement between the next of kin as to what to do next.  Since the next of kin were unable to reach agreement on their own, the courts stepped in.  The Florida court made its decision, and that should have been the end of it.  Unfortunately a bunch of politicians in D.C. decided to make headlines for themselves and try to step in.

That was a mistake.

This case is much different.  Here the patient is alive (although a minor) and there is no disagreement between the parents as to what is best for the kid.  This is, pure and simple, a disgusting abuse of government power.


When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

-- Thomas Jefferson

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Rob on July 22, 2006 at 10:11 am
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While the particulars of the two cases were very much different, the “disiturbing echo” was the presumptuous interference by government in both cases in life and death decisions which are of no concern to the government regardless of the age of the subject individual.

You and I disagree on the Schiavo case in that I do not believe that in that instance any court had the legal or moral authority to sentence the patient to death absent a requisite criminl conviction.  But regardless, no court should involve itself in these sorts of decisions, especially in this current case where the court’s actions are at the behest of a state agency.

Bat One on July 22, 2006 at 10:41 am
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