Father battles goverment for right to deny his child chemo

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Father battles goverment for right to deny his child chemo

Post by cosmicalstorm »

This cancertype has a cure rate that exceeds 80% when treated properly but his father is fighting the goverment to stop the treatment.
What the fuck?
He is angry, misses his family and is losing his reddish-brown hair. His dad says his "spirit's broken."

The 11-year-old Hamilton boy, who has leukemia, was seized by the Children's Aid Society last week and is being forced to undergo chemotherapy against both his and his family's wishes.

"We may still lose him and we may still lose against them, but that doesn't mean I'm going to give up," his father said in an interview yesterday.

The child's father and stepmother are exploring their legal options and friends have hired Marlys Edwardh, a prominent Toronto lawyer whose long-time law partner is veteran counsel Clayton Ruby.

Last night, about two dozen people, including members of the child's family, held a vigil in the rain outside his hospital window. The boy waved down at his supporters, who held candles in Styrofoam cups.

At a hospital appointment for routine tests last Thursday, the Children's Aid Society of Hamilton took the boy, who cannot be identified under youth-protection laws, into its temporary custody. Chemotherapy treatment was then commenced.

His family can visit him only under the watchful eyes of CAS workers and security guards; his father was evicted from the hospital in handcuffs after reacting in anger when his son was seized.

A judge earlier ruled the boy is not capable of understanding the implications of refusing chemotherapy.

Two of Canada's top pediatric oncologists have said he will die without the aggressive treatment.

The deeply spiritual youngster, who likes dancing, singing and writing stories, is to be released from hospital tomorrow after his treatment is finished, his father said. It is unclear if the CAS intends to place him in foster care or release him to his family.

A spokeswoman did not return messages yesterday.

The father called the ordeal "awful, hell on wheels."

He said he will fight to regain custody of his son, saying the boy has suffered enough.

"The best thing for him to do would ... be home with us so that if he did pass away, at least it would be home with us and we could take care of him and we could make sure that he's sent away the way he deserves to be, not poked and prodded and treated like a criminal," he said.

Family friend Belma Diamante, who hired Ms. Edwardh, said the boy's views have not been heard by the court and child welfare agency.

"Every institution and every individual, if they're claiming that we're making the best decision in [the boy's] interest, then naturally [he] has to be heard," said Ms. Diamante, who met the boy when she helped him realize his dream of dancing in The Nutcracker three years ago when she was president of the Canadian Ballet Youth Ensemble.

The child was diagnosed with acute lymphoblastic leukemia, which has a cure rate exceeding 80 per cent, when he was 7.

He underwent chemotherapy and in January, marked one year cancer-free. But the disease came back just a few weeks later.

The boy, who has aboriginal ancestry, did one round of chemotherapy in February and then decided to stop aggressive treatments in favour of natural remedies, including chelation therapy, vitamins, oregano and green tea.

Chemotherapy makes him extremely ill and causes effects such as vomiting, bloating, pain in his spine and difficulty walking.

"He told us that he didn't want to undergo any more treatment because he felt that it wasn't going to give him quality of life, that he felt that it would probably take away his life," his father explained.

"He would rather just go traditional and natural and take it for as long as it would take him so that he could be with his friends and so that he could be at home with his family and play with his sister and just try to have fun and live as long as he could live."

The boy also has fetal alcohol syndrome and is mildly intellectually delayed, his father said.

He also has serious behavioural problems, for which he takes medication. His mother died of a brain tumour when he was 4.
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Post by Admiral Valdemar »

People like this should be overruled in court on principle. We're having a similar problem with MMR again now with the government trying to make it impossible to send kids to school unless they have the jab. The number of people who knee jerk with "nanny state" in their cries is horribly high.

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Post by TithonusSyndrome »

Ugh, a friend of mine (who isn't talking to me right now, to some relief on my part) advocated the same bullshit cocktail for her similarly afflicted mom and then pissed and moaned when she didn't get better. The natives in this country who aren't flopped over 24/7 with booze or focused on becoming successful businessmen (who then get called "apples" by their kin for being red on the outside and white on the inside) are usually middleclass whiners with a hardon for all things native and traditional to the point where it's pretty much lethal, like this.
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Post by Darth Servo »

The kid has fetal alcohol syndrome. That alone proves his father is a moron for having a child with such an irresponsible woman. At least that bitch is out of the picture as its the father and stepmother who are currently involved.
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Post by FSTargetDrone »

The deeply spiritual youngster, who likes dancing, singing and writing stories, is to be released from hospital tomorrow after his treatment is finished, his father said. It is unclear if the CAS intends to place him in foster care or release him to his family.
The poor kid had a bad enough hand dealt to him as it was. I would keep him in foster care or other non-family care. I wouldn't trust a parent such as this incomprehensibly-foolish father to be let anywhere around the boy. Who knows what he'd try to do after taking the child back who has been given this medical care that he objected to.

How denial of care on religious grounds isn't child abuse is beyond me. It's not even as if the hospital was doing something involving great risk for a small chance of success.
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Post by Companion Cube »

How can an 11-year old be "deeply spiritual"?
The boy, who has aboriginal ancestry, did one round of chemotherapy in February and then decided to stop aggressive treatments in favour of natural remedies, including chelation therapy, vitamins, oregano and green tea.

Chemotherapy makes him extremely ill and causes effects such as vomiting, bloating, pain in his spine and difficulty walking.

"He told us that he didn't want to undergo any more treatment because he felt that it wasn't going to give him quality of life, that he felt that it would probably take away his life," his father explained.
So, what does this mean? Are the parents the ones advocating the "traditional" treatments, or are they just stupid enough to listen to their son in this case?
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Post by Kanastrous »

I does raise a question to me, though - religious mania aside, purely as a matter of choosing to reject the treatment on the grounds of suffering (understanding that the alternative is death) is it ever conscionable to let a minor decide to have treatment withdrawn?
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Post by Singular Intellect »

Kanastrous wrote:I does raise a question to me, though - religious mania aside, purely as a matter of choosing to reject the treatment on the grounds of suffering (understanding that the alternative is death) is it ever conscionable to let a minor decide to have treatment withdrawn?
I guess that would be a case by case scenario.

If the kid in question really seems to have a mature understanding of the situation and doesn't wish treatment to continue, I'd have a hard time convincing myself we have the right to force it upon him/her.

On the other hand, I would expect such maturity to be quite rare in a person of that age, and furthermore such maturity would obviously mean said person would probably be chosing the treatment anyhow, unless there's some special reason why they'd prefer to likely die instead.

In this particular case, it seems to have been clearly established this kid isn't quite up to speed mentally, and therefore doesn't seem qualified to make this decision for himself.
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Post by FA Xerrik »

The kid has been abducted and is now being treated against his own wishes? Who the hell is giving the authority to treat this kid if he doesn't want it and his legal guardian doesn't want it?
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Post by Darth Wong »

FA Xerrik wrote:The kid has been abducted and is now being treated against his own wishes? Who the hell is giving the authority to treat this kid if he doesn't want it and his legal guardian doesn't want it?
The state, because it is against the law for someone, even a legal guardian, to let a child die of neglect.

PS. You sound like you're taking the parents' side. Have you thought this through? This is the same kind of argument we routinely have about Jehovah's Witnesses who refuse transfusions for their children.
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Post by General Zod »

FA Xerrik wrote:The kid has been abducted and is now being treated against his own wishes?
Generally, children are not considered capable to make decisions regarding their own medical well being. The fact that this particular form of cancer is reversible in the vast majority of cases means his father is being negligent by denying his child treatment. Guess what happens to children of negligent parents? Oh yeah, they get taken away by the state.
Who the hell is giving the authority to treat this kid if he doesn't want it and his legal guardian doesn't want it?
The state. Who else?
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Post by SCRawl »

You know, I can see the father's side of things if the treatment he wanted to avoid would be one of those 5% chance of survival deals. If your odds are that poor, and you're going to be facing excruciating pain for what would likely be the rest of your life, then opting out might be a reasonable way to go. This isn't the case, though; the OP states that the treatment has a c. 80% success rate (I'm assuming that that's a 5-year survival), and although the chemotherapy probably sucks -- it's basically poisonous, after all -- those are some pretty good odds.

Of course the 11-year-old doesn't want to go through it again. It was probably brutal the first time, and it'll be brutal again, and what little kid wants those kind of side-effects, FAS or not?
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Post by FSTargetDrone »

The board's discussed a minor child refusing cancer treatment (a 16 year-old who later died) before, but this case seems different, especially with the better chances of survival. This story seems to have just the father (only?) saying that the 11 year-old doesn't want the treatment. He also the problem of mental issues with the FAS.
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Post by FSTargetDrone »

To clarify, this story has the father saying the 11 year-old doesn't want the treatment, unlike the case with the 16 year old who went to court to allow the treatment to be halted. In other words, unless the court hears this from the lips of the 11 year-old, I am currently dubious.
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Post by Justforfun000 »

I saw another news story on it saying a 50% survival rate. Even then I don't see much difference...those are pretty good odds for cancer.

My only big concern is the state of mind they'd be inducing on the child by simply forcing him to take treatments. It's well accepted in mainstream medicine now that patient attitude and compliance is definitely a factor in positive outcomes. I would imagine this could only negatively affect his outcome.

I hope they do everything possible to explain to him how much better his chances are with chemo and try to sympathize with his wish to avoid the side effects. With the right amount of empathy and counseling, hopefully they can make him come around.
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Post by FSTargetDrone »

Justforfun000 wrote:My only big concern is the state of mind they'd be inducing on the child by simply forcing him to take treatments. It's well accepted in mainstream medicine now that patient attitude and compliance is definitely a factor in positive outcomes. I would imagine this could only negatively affect his outcome.

I hope they do everything possible to explain to him how much better his chances are with chemo and try to sympathize with his wish to avoid the side effects. With the right amount of empathy and counseling, hopefully they can make him come around.
Again, how do we know the child wouldn't want to continue these treatments if he could make an informed decision? Leaving aside any mental impairments he may suffer, he is not necessarily opposed to treatment. The father says he doesn't want to continue the treatments, that he prefers to be at home. But that's the father saying so, at this point, saying that the boy doesn't want it anymore. Well, no child wants to go through treatment like this. But does he truly appreciate he will probably die if he stops the treatment as opposed to probably surviving if he continues?
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Post by Superman »

If I had my way, we'd lump this asshole into same group as the anti-vaccine idiots and the Christian Scientists. Then they'd lose their parental rights.
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Post by Kitsune »

Is Cannabis legal for medical use with an eleven year old in Canada?
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Post by Wicked Pilot »

If the father gets his way then you might as well go ahead and legalize child euthanasia. It follows the same logic with the same results.
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Post by ANGELUS »

FSTargetDrone wrote:Well, no child wants to go through treatment like this. But does he truly appreciate he will probably die if he stops the treatment as opposed to probably surviving if he continues?
My guess is that the kid believes (because his father has convinced him of it) that this bullshit natural remedies of theirs actually have a possibility to work and heal him. Who wouldn't want a tratment that consists of taking vitamins and tea and that will heal you instead of a treatment that will make you feel terribly sick even if it also heals you?

The problem is that neither him nor the ignorant asshole he has for a father understand that those natural remedies are just bullshit.
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Post by SCRawl »

The Hamilton Spectator wrote: Child patient can go home

But judge rules boy, 11, must continue cancer treatment
May 14, 2008
The Hamilton Spectator
(May 14, 2008)

After chemotherapy, the boy will go home.

It is a compromise of sorts, meted out in a family law courtroom yesterday, where lawyers outnumbered those who actually know and love the 11-year-old boy.

He can go home, perhaps as soon as this weekend. That is what he wants. But he must continue to have his cancer treated. And that is what he has been fighting all along.

So when the boy's stepmother burst out the front doors of the courthouse late yesterday afternoon shouting, "We won, we won," she was half right.

They have won the battle.

But not the war.

The boy, who has acute lymphoblastic leukemia, is tired of fighting. Is tired of the chemotherapy that wrecks his body in order to save or prolong his life. He told doctors he didn't want any more.

And so they called the Children's Aid Society.

And the society went to court.

A judge heard that the boy is just 11 years old. That he has fetal alcohol syndrome and mental health issues and functions at the level of an eight-year-old. That a psychiatrist had evaluated him and deemed him incapable of making an informed decision about his medical care.

The judge ordered that the boy could remain in his father's custody, as long as he complied with treatment.

Last Thursday, in the pediatric oncology unit at McMaster Children's Hospital, the father refused treatment for his son. So the CAS apprehended the boy and his enraged father was escorted out in handcuffs.

And the boy began his chemo. Without his family by his side.

Two of the country's top pediatric oncologists say that, with the treatment, the boy has a 50-50 chance of survival. Without it, he will likely die within six months.

The boy believes those doctors are wrong. He believes he can beat his cancer without the treatment.

Justice Alex Pazaratz ordered yesterday that the boy's family can seek a third expert medical opinion at the cost of the Office of the Children's Lawyer. The family hopes to find a doctor who will either discount the chemotherapy treatment altogether, or suggest a plan that meshes conventional medicine with alternative options such as oregano and green tea.

The family is expected to report back to the judge June 16.

The boy and his family cannot be identified because he is involved with the CAS. But despite that limitation, the family took their fight to the media. And the media latched on.

The result is national news coverage that has talk radio hosts and newspaper columnists and, well, just about anybody with an opinion discussing the boy's health and fate and right to make his own choice.

That media storm hung over yesterday's proceedings. Outside the courthouse, a half-dozen protesters carrying signs and one megaphone shouted things like, "The CAS kidnaps children," and posed for news photographers.

Inside the building, court staff checked media identification before allowing journalists into the courtroom. And one man, claiming to be a journalist, was ordered to leave by Pazaratz, who said he didn't believe the man was really a journalist at all, but rather an anti-CAS protester.

Pazaratz, before being appointed to the bench, was a panellist with the Office of the Children's Lawyer. And long before that, he was a summer intern here at The Hamilton Spectator, covering the crime beat and debating whether he should be a journalist or go to law school.

By the end of the three-hour hearing, Pazaratz had also ordered the gaggle of lawyers -- representing the CAS, the boy and his father -- to write out one additional condition for the family to abide by: the boy is not to have any direct or indirect contact with the media.

This, says Pazaratz, is about a boy. Not an issue.

"The bottom line is this is still a child. A child who has rights. A child who has feelings. A child who has vulnerability ...

"We are the adults. He is the child. And we are going to take care of him."
Emphasis mine.

I chose this source because (a) the family is from Hamilton, and (b) so am I.

The kid thinks that the doctors are wrong, and, according to the article, functions at the level of an eight-year-old. It still puts him at a higher level than some of the YECs out there, and they think that all of the experts are wrong, too.

I can really feel for the family in this case, though. They're faced with no better than even odds with this treatment, the side-effects of which will cause rather serious suffering in their child. It sucks no matter which way you go.
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Post by Darth Wong »

I love the way they're shopping around for a doctor who will tell them what they want to hear. It's a perfect metaphor for the way the average person treats science itself nowadays.
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Post by FSTargetDrone »

A judge heard that the boy is just 11 years old. That he has fetal alcohol syndrome and mental health issues and functions at the level of an eight-year-old. That a psychiatrist had evaluated him and deemed him incapable of making an informed decision about his medical care.
This is good enough for me as indication that this child cannot know what is best for himself.

50-50 odds aren't the best, but hell, it's better than him being likely to die in 6 months.

I am bothered that he was returned to the custody of the father. That man may put who knows what ideas into the child's head. I've no doubt he did something similar beforehand.
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Post by Justforfun000 »

What's really irritating about this is that they have already PROVED that chemo was a good treatment. It's worked before and undoubtedly is the reason he made it THIS far. I'm sure they would have been honest enough to tell the parents that unfortunately many cancers return after a 5 to 10 year window. In fact, it's fairly rare for people to go that long and remain cancer-free in many cases.

We have a good family friend who is a walking miracle in all senses of the word. Cancer went into Spontaneous remission when she had months to live. Was literally all through her lymphatic system. It was Lymphoma. This was mid 80's. She's still alive and cancer free. It'll be a great day for science if they ever discover what power people tapped into to cause such a massive recovery in these rare cases.
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Post by FA Xerrik »

Darth Wong wrote:PS. You sound like you're taking the parents' side. Have you thought this through? This is the same kind of argument we routinely have about Jehovah's Witnesses who refuse transfusions for their children.
This just reminds me of the dilemma posed in the movie Whose Life Is It Anyway?, namely that care is being imposed into a situation where it isn't asked for. I'm not going to claim the father isn't wacky for turning down such a high success rate procedure. It simply grates me that the choice is being made for the parties involved instead of by them.
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