Judge rules 13-year-old boy must see doctor for cancer

By Associated Press | Albert Lea Tribune

Published Saturday, May 16, 2009

Minnesota parents who refused chemotherapy for their 13-year-old son were ordered Friday to pick a doctor and get their son’s tumor X-rayed to determine if the boy would still benefit from the cancer treatment — or if it may already be too late.

In a 58-page ruling, Brown County District Judge John Rodenberg found Daniel Hauser has been “medically neglected” by his parents, Colleen and Anthony Hauser. The judge 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 increased in size and if Daniel’s prognosis remains as optimistic as doctors testified last week, then chemotherapy and possible future radiation appeared 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. He said he would not order chemotherapy if doctors find the cancer has advanced to a point where it is “too late.”

However, he said, if chemotherapy is ordered and the family still refuses, Daniel will be placed in temporary custody.

It was unclear how the medicine would be administered if the boy fights it. Dr. Bruce Bostrom, a pediatric oncologist at Children’s Hospitals and Clinics of Minnesota, said last week he would have a hard time forcing Daniel to take the medicine. Bostrom said Friday his hospital has psychologists, child life specialists and other resources to help ease Daniel’s fears. He also said an ethics committee would meet next week to talk about all the scenarios doctors may encounter.

Calvin Johnson, an attorney for Daniel’s parents, said the family is considering an appeal. For now, he said, the boy is abiding by the order and making an appointment to get an X-ray.

Daniel was diagnosed with Hodgkin’s lymphoma in January and it was recommended he have six rounds of chemotherapy. He underwent one round in February, but stopped after that single treatment. He and his parents opted instead for “alternative medicines,” citing religious beliefs.

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.

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