A Minnesota judge ruled on Friday that a family cannot withhold conventional medical treatment from their cancer-stricken son on religious grounds. Brown County District Judge John Rodenberg ordered that the parents of 13 year-old Daniel Hauser take their son in for updated imagery and select an oncologist to treat him by Tuesday.
The Hauser family is part of a small Roman Catholic sect called the Nemenhah Band, which is based in Missouri. The group believes in natural healing practices traditional among some American tribes.
The family's attorneys are relying on common political talking points that overlook the apparent facts in the case. As of last week, doctors placed Daniel's survival chances at 90% with treatment, and 5% without. Colleen Hauser, Daniel's mother, testified in court that, "My son is not in any medical danger at this point". And Daniel himself believes he is not sick. No less than five doctors submitted testimony disagreeing with that argument.
Additionally, Daniel is already an elder in the Nemenhan band—although Rodenberg could not determine what that actually meant—and claims that he is a medicine man despite being unable to explain what that means under band teachings or even how he achieved that status.
At thirteen years of age, Daniel Hauser is also illiterate.
And these are all somewhat complicating circumstances. It is a hard decision whether or not to let a child elect to die for the sake of a delusion conditioned into his behavior by parents and other family authority figures. A judge in Washington state let a fourteen year-old die of cancer recently because he had adopted his aunt's religion, and this within a few minutes of one of the nation's premiere cancer research centers.
But the facts presented so far do seem to make this case exceptional. "I'd fight it," Daniel says of chemotherapy. Of doctors and nurses, "I'd punch them and I'd kick them." Frankly, that latter is something that my daughter would say, and she's only six. Additionally, Daniel believes that chemotherapy itself will kill him.
This isn't a question of putting one's faith in God. Judge Rodenberg has determined that Daniel Hauser "lacks the ability to give informed consent to medical procedures". Indeed, the boy seems ill-informed at least, if not deliberately misinformed. And despite the fact that nobody has ever taught the boy to read, but taken the time to convince him that lifesaving treatment will kill him outright—even the parents' lawyer is reinforcing that argument—everyone seems to think this family is just wonderful. Judge Rodenberg, in ruling that Daniel can at this time remain with his family, cited the parents' love for their child, and Dr. Bruce Bostrom, a pediatric oncologist fighting to save the boy's life said, "The bottom line is we just want to get through this, have him get better. And I'm happy the judge ruled he could stay with his family because they are wonderful people."
Now, I can understand the doctor wanting the kid with his family because that psychological security will bolster his chances for survival, but at what point do we stop and say, "Yeah, they're nice people and all, but shit, their kid is illiterate, thinks he's a fucking medicine man, and wants to die slowly and painfully! How did this happen?"
Anyone can say they mean well, from the parent who feeds their kid to obesity to the domestic abuser and beyond. In a society where people are so worried about fitting in that we're still arguing about whether gay people should raise kids because, well, there's plenty of bigots out there to alienate the children, or a judge might rule that it is unfair to not condition a child to believe in a religion at the stake of eternal torment, what is the logic behind raising a child so unable to commingle among his peers at large? Yes, one might suggest he is well-adjusted by Nemenhah standards, but isn't this sort of thing, to borrow a cliché, "limiting his options"? To the point of death?
So the question: Is it fair (ethical, moral, just) to raise a child to such extreme standards?
Yes, we know that people have the right to raise their kids according to nearly any twisted philosophical outlook. But is it fair?
____________________
Notes:
Associated Press. "Minn. Judge Rules Teen Must See Cancer Doctor". WCCO. May 15, 2009. WCCO.com. Accessed May 16, 2009. http://wcco.com/local/chemo.therapy.ordered.2.1010319.html
If the tumor has not grown and if Daniel's prognosis is still 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.
(Associated Press)
"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.
(Associated Press)
The Hauser family is part of a small Roman Catholic sect called the Nemenhah Band, which is based in Missouri. The group believes in natural healing practices traditional among some American tribes.
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."
The phone line at the Hauser home had a busy signal Friday.
[Calvin] Johnson, the parents' attorney, said everyone should be able to get medical care that follows their beliefs.
"The Hausers believe that the injection of chemotherapy into Danny Hauser amounts to an assault upon his body, and torture when it occurs over a long period of time," Johnson said Friday. "They believe that it is against the spiritual law to invade the consciousness of another person without their permission."
(ibid)
"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."
The phone line at the Hauser home had a busy signal Friday.
[Calvin] Johnson, the parents' attorney, said everyone should be able to get medical care that follows their beliefs.
"The Hausers believe that the injection of chemotherapy into Danny Hauser amounts to an assault upon his body, and torture when it occurs over a long period of time," Johnson said Friday. "They believe that it is against the spiritual law to invade the consciousness of another person without their permission."
(ibid)
The family's attorneys are relying on common political talking points that overlook the apparent facts in the case. As of last week, doctors placed Daniel's survival chances at 90% with treatment, and 5% without. Colleen Hauser, Daniel's mother, testified in court that, "My son is not in any medical danger at this point". And Daniel himself believes he is not sick. No less than five doctors submitted testimony disagreeing with that argument.
Additionally, Daniel is already an elder in the Nemenhan band—although Rodenberg could not determine what that actually meant—and claims that he is a medicine man despite being unable to explain what that means under band teachings or even how he achieved that status.
At thirteen years of age, Daniel Hauser is also illiterate.
And these are all somewhat complicating circumstances. It is a hard decision whether or not to let a child elect to die for the sake of a delusion conditioned into his behavior by parents and other family authority figures. A judge in Washington state let a fourteen year-old die of cancer recently because he had adopted his aunt's religion, and this within a few minutes of one of the nation's premiere cancer research centers.
But the facts presented so far do seem to make this case exceptional. "I'd fight it," Daniel says of chemotherapy. Of doctors and nurses, "I'd punch them and I'd kick them." Frankly, that latter is something that my daughter would say, and she's only six. Additionally, Daniel believes that chemotherapy itself will kill him.
This isn't a question of putting one's faith in God. Judge Rodenberg has determined that Daniel Hauser "lacks the ability to give informed consent to medical procedures". Indeed, the boy seems ill-informed at least, if not deliberately misinformed. And despite the fact that nobody has ever taught the boy to read, but taken the time to convince him that lifesaving treatment will kill him outright—even the parents' lawyer is reinforcing that argument—everyone seems to think this family is just wonderful. Judge Rodenberg, in ruling that Daniel can at this time remain with his family, cited the parents' love for their child, and Dr. Bruce Bostrom, a pediatric oncologist fighting to save the boy's life said, "The bottom line is we just want to get through this, have him get better. And I'm happy the judge ruled he could stay with his family because they are wonderful people."
Now, I can understand the doctor wanting the kid with his family because that psychological security will bolster his chances for survival, but at what point do we stop and say, "Yeah, they're nice people and all, but shit, their kid is illiterate, thinks he's a fucking medicine man, and wants to die slowly and painfully! How did this happen?"
Anyone can say they mean well, from the parent who feeds their kid to obesity to the domestic abuser and beyond. In a society where people are so worried about fitting in that we're still arguing about whether gay people should raise kids because, well, there's plenty of bigots out there to alienate the children, or a judge might rule that it is unfair to not condition a child to believe in a religion at the stake of eternal torment, what is the logic behind raising a child so unable to commingle among his peers at large? Yes, one might suggest he is well-adjusted by Nemenhah standards, but isn't this sort of thing, to borrow a cliché, "limiting his options"? To the point of death?
So the question: Is it fair (ethical, moral, just) to raise a child to such extreme standards?
Yes, we know that people have the right to raise their kids according to nearly any twisted philosophical outlook. But is it fair?
____________________
Notes:
Associated Press. "Minn. Judge Rules Teen Must See Cancer Doctor". WCCO. May 15, 2009. WCCO.com. Accessed May 16, 2009. http://wcco.com/local/chemo.therapy.ordered.2.1010319.html
Last edited:
