Boy With Cancer Refuses Chemotherapy

Minn. Judge Must Decide Whether To Force 13-Year-Old Claming To Be Medicine Man To Get Treatment

(AP)  A Minnesota judge is weighing whether to force a 13-year-old boy who claims to be a medicine man in his church to get chemotherapy for his cancer - a treatment the boy and his parents have resisted for religious reasons.

Daniel Hauser, of Sleepy Eye, has Hodgkin's lymphoma, and county authorities are accusing his parents of medical neglect for not following through with the chemotherapy and radiation treatment doctors have recommended.

Doctors testified in court last week that Daniel could have a 90 percent chance of being cured through chemotherapy and radiation. But they said there's a 95 percent chance of death if the family decides to forgo the treatment.

In written final arguments filed Tuesday, Brown County Attorney James Olson asked the judge to order chemotherapy for the boy, who he says isn't mature enough to make his own medical decisions. Olson wrote that Daniel has a learning disability and cannot read, and he cited testimony from doctors who said it doesn't appear the boy understands the severity of his diagnosis.

Olson also raised questions about the Hausers' testimony that Daniel is a medicine man and elder in the Nemenhah church, a religious organization that advocates natural healing methods used by some Native Americans. Those titles are given to every member of the church over 13 years of age, Olson said.

"Daniel's testimony indicated that he does not have a complete understanding of what it means to be a medicine man or an elder," he wrote.

If the family doesn't comply with a potential court-ordered treatment regimen, the county attorney and the boy's guardian ad litem wrote, Daniel should be put in foster care to get the treatment.

But attorneys for Daniel and his family said the judge must decide whether Daniel's parents had a "rational basis" for their decision to stop chemotherapy - not whether they made the decision a "reasonable person" would have made.

Philip Elbert, an attorney for Daniel, wrote that the Hausers' faced an "unfair choice of two bad scenarios" for treatment and weighed all options for his care in deciding on an alternative that fit better with their religious beliefs.

"The parents in this case did not fail to act nor did they rely solely on spiritual treatment methods for Daniel's medical care," Elbert wrote.

Daniel's mother, Colleen, has said she approved of using Western medicine during a life-threatening emergency but says her son isn't in medical danger. The family has also said their religious convictions say the body shouldn't be harmed, and they said chemotherapy and radiation were poisons.

Daniel's parents emphasized through their attorney the risks of chemotherapy, questioning its effectiveness. And they said the action by county authorities was violating their rights.

"The path advocated by the State is one of torture and criminal action," wrote their attorney, Calvin Johnson.

Daniel's lymphoma was diagnosed in January, and he was given one round of chemotherapy in February. But instead of returning for a second round of the treatment in March, the Hausers opted for an alternative treatment involving a nutritious diet, drinking ionized water, and taking vitamins and herbal supplements. His mother testified the regimen was based mostly on information she found on the Internet.

An attorney for Shiree Oliver, the boy's guardian ad litem, wrote in final arguments that the state has not recognized complementary and alternative health care as a substitute for medical treatment.

"Even if Mr. and Mrs. Hauser are providing Daniel with complementary and alternative care, they are still medically neglecting Daniel," the attorney, Tom Sinas, wrote.

Judge John Rodenberg could issue a decision later this week

[sshine]

" Continuing the current plan at hand is what WILL kill 13 year old Daniel. " I am referring to the current plan the Judge has begun. Not the cancer treatment Daniel is currently receiving. I should have made myself clearer.

[sshine]

This article said: "........ that the state has not recognized complementary and alternative health care as a substitute for medical treatment. "Even if Mr. and Mrs. Hauser are providing Daniel with complementary and alternative care, they are still medically neglecting Daniel," the attorney, Tom Sinas, wrote. Judge John Rodenberg could issue a decision later this week".

I don't mean to undermine the article, but that "health care" statement is a bit ridiculous. What else can "Healthcare" be? Let's see, there is "United Healthcare". Oh my.........and I thought I was getting medical care using those doctors. What was I thinking? ! If it's not medical treatment then what was I getting? Groceries? Come on, an article with statements like that treat us as though we were born yesterday.

Alternative Health care iS Medical care! Even a child would know that. So, when will the state move into the 21st century? I know most schools and universities are there. If the state can't be up-to-date on what it recognizes, how does that reflect on the rest of the state? (Including it's medical treatments.)

Another statement that is almost funny is " Even if Mr. and Mrs. Hauser are providing Daniel with complementary and alternative care........". The Hauser's are NOT providing the care, the Cancer Clinic in the other country is. Of course if the Hausers were providing the care, it would not be recognized. Those 2 statements sound like desperate attempts to grasp at straws.

Lastly, and truly with all due respect to Judge John Rodenberg. I believe he has the wisdom, the insight, and the heart to reconsider this matter (and what he is doing to this family), and to do what is right. Yes, by dropping all warrants, forgetting foster care, and giving this family back their dignity, and then allowing the family to proceed with their alternative medical treatment plan. Continuing the current plan at hand is what WILL kill 13 year old Daniel. A cancer victim doesn't need this in his life too. It'll kill him for sure. He's old enough to know what's going on. Give them all a break. Please Judge. Do it for yourself as well.

[sshine]

This update of the Hauser family was left on the ABC comment section. I thought you may want to read it. And the rest of this is the quote: " The Hauser family are simple farmers who homeschooled their children until Child Protective Services intervened. Daniel was injured at birth when a doctor was delayed in delivering him and he suffered a loss of oxygen. He can read but not at grade level. The family is not opposed to medical treatment per se, but they have decided to seek alternative treatment for this cancer at a clinic in another country. When completed, their fate will be in the hands of Child Protective Services who are circling the family farm as we speak, like vultures waiting for fresh kill. For reasons why we should not ever put kids in the care of CPS - Google child+death+foster care. I support the Hausers and will fight for them if CPS tries to take their children away or terminate their rights or any other such thing. I hope that all of you will join me in doing the same.
Posted by:
jholderbaum May-22"

[FAITH1975]

I THINK THAT HE NEEDS THIS TREATMENT , MY HUSBAND OF 34 YEARS OF AGE WAS DIAGNOSED IN FEBRUARY WITH NON HODGKIN LYNPHOMA INSIDE SIDE HIS RIGHT HEART THE SIZE OF A WALNUT , HE'S RECEIVED SO FAR 4 TREATMENT OF CHEMOTHERAPY AND I MUST SAY THAT THIS TREATMENT DOES WORK. THE LYMPHOMA HAS SHUNK A LOT HE HAS 4 MORE TO GO, DR'S ARE SURE THAT BY THE END OF HIS CYCLE'S HE WILL BE CANCER FREE AND HOPE TO STAY LIKE THAT.
PEOPLE JUST THINK THAT ONCE THEY HERE CHEMO YOUR GOING TO DIE AND THAT'S NOT TRUE ALWAYS. THIS KIDS HAS A LONG LIFE AHEAD OF HIM AND HE DESERVE'S TO LIVE, SO TO HIS PARENT PLEASE SAVE YOUR BOY'S LIFE IS WORKING ON MY HUSBAND IT CAN WORK ON YOUR LITTLE BOY... BEST OF LUCK WITH THE DECISION YOU MAKE.

[ayatoldya]

Let Darwinism work! The boy has been told and now thinks he is a "medicine man". So be it, let's see how his young medicine skills compete against his cancer. So he dies; think of it as God's abortion of stupidity. What? You didn't know that God believes in abortion? Heck, he invented it. The most famous God abortion is the great flood. And what about his abortions of mankind using hunger and pestilence. So go ahead, paint your door with sheep's blood to ward these evils if you must. But this boy and his parents and especially his church, thinks this boy has a good chance to beat these evil spirits on his own. so everyone, shake your snake rattle to help him.

[pcbarter]

I had colo-rectal cancer that had spread to my liver,lungs and pancreas.
I did alternative and am cancer free now over 1 1/2 yrs!
Neither would I tell anyone not to take std medicine but
(1) Immunocal immunotec.com (it is in Dr's pdr under Immunotec)
(2) Alkaline diet and water Alkaline water machine like Jupiter brand
(3) Avoid sugar like the plague (I used stevia)
(4) Magna pulse
(5) Ozone - sauna and water
(6) Graviola amd misc other things
You must be strict with your regimine and eat organic and lots of greens.

The Immunocal is the biggest thing it causes your own body to produce glutathione.

It just may improve your outcome! Usually you will see the difference if there is going to be any in 60-90 days. especially with the increased glutathione.
Google and youtube these things.

[sblank0209]

Noone should be forced to take ANY medication. This is NOT a free country.

[sblank0209]

Our GOVERNMENT needs to STOP playing GOD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[martin9p2]

The Hausers are dooming their child to death just to make a selfish political statement that their church and faith are legitimate. So the church teaches to promote the legitimacy of the church but not a kid's life. Sad.

[martin9p2]

ibsteve2u, .... you took a comment way out of context. Yes, there are indeed people calling the their stupidity "faith". Nobody was claiming to have a superior faith, just that stupid people don't have the right to deny a *reliable* form of treatment to a child.

[cobra442]

My youngest Daughter, Tabatha had Cancer and she was in Boston's Children's Hospital undergoing a Stem Cell
Transplant. She passed on July 19th, 2004.
The doctors told me that she had a 30 percent chance of surviving to her
16th birthday. Tabatha was diagnosed with Hodgekins Lymphoma last August. She has endured
10 cycles of Chemo Therapy.
She had the most horrible reaction to one of
the drugs after 2 cycles. She contracted Toxic Epidermal Necrosis (TEN), which
caused 3rd degree burns over 100 percent of her body in 3 days. She was
put into a Intensive Care Burn Unit for 10 days, after which she walked out
with her skin recovered. Now the doctors have to change what drugs they can give
her and they do not work as well as they can. That is why she went thru
undergoing the Stem Cell Transplant.


This all started with a COUGH in June 2003.
This is Proof for that family who is fighting, as I would NOW, from them giving her Poison.

[ibsteve2u]

I never fail to be amazed at the number of people who not only claim that theirs is the ONLY true religion, but speak of the religion of others using such phrases as "clinging to their stupidy and calling it a faith".

Either produce God on demand, or ****.

[naj1953]

I think he should have the choice...He's old enough to know... God Bless him.....with whatever he decides.

[NancyLou9]

First, to sirman, you're confusing stupidy and religion. I, my family, my friends are all highly educated Christians, Jews, and Hindus. My knowledge of where I came from, why I'm here, where I'm going, and the fact that we are all of us one family informs every part of my life and greatly enriches it. As a Christian, I have a responsibility to view the world through the lovingkindness of my faith with a perpetual sense desire to better understand the miracle of this universe. I don't see why you think those things are unimportant or threatening.

These people, as many do, alas, are clinging to their stupidy and calling it a faith. If I want to beat or rape my child, am I allowed to do so because it's an element of my "faith"? Neither should these low-IQ breeders be allowed to condemn their mentally-challenged child to a painful death.

As for the chemo issue, I personally spent 11 months getting the most aggressive chemo possible (according to my docs), requiring two-day hospitalizations just to administer the drugs. For me, it was painless and involved throwing up three times (in 4 treatments) and losing my hair. Too many people who've undergone chemo want to assume that everyone has the same experience. We don't. And as another person noted, I don't hear many people saying that they'd rather be dead than having undergone chemo. This might be different if the chemo were offering only a slim chance at life: it's not. To forego the chemo is a sure death sentence, and no "parent" has a right to condemn a child to death.
Posted by biorns at 7:28 AM : May 14, 2009
******************************************************************
This was absolutely beautiful and well written. 23 years ago, I got to stand by and watch my eldest brother die at the young age of 28 to cancer, leaving behind three amazing boys. He fought tooth and nail every step of the way to live for 18 months before finally succumbing to the cancer.

In the infamous words of "Peter Pan" in "Hook", " To live, well, to live, that's the adventure."

[NancyLou9]

As well as denying their young child life saving chemo, I had to wonder about the inability of the child to read and write at the age of 13 as well. These parents are neglectful, through and through, and the boy needs to be taken away from them, not just to live, but to enjoy a better quality of life.

[g8turgirl]

The poor child had one treatment, complained (and rightfully so, it's horrible), and so his parents panicked and turned to natural means in an effort to "help" their son. But, to stop treatment completely is not the smartest choice to make. Some people exhaust the chemo recipes and still have the tumors and cancer, but, they are still here, and some function very well with a good quality of life for many years. A relative of mine was literally killed when she developed lung cancer from 40+ years of smoking, and was "treated" with herbs and spices that another relative read about in a book!! It's great to hope and pray that nature will cure cancer, etc., but in reality, how many published cases are there of cancer cures from natural substances? NONE, THERE IS NO CURE! Only a strong chance of prolonging life and its quality. Sure, there are benefits to holistic measures, to healthy, organic meals, but, there are no CURES! If there were actual herbs or bark, fruits, vegetables or leaves that cured cancer, the drug companies would have made use of them long ago, and doctors would surely be using them today! An oncologist's goal is to HELP its patients, not kill them. God Bless that boy.

[number1GI]

To The Masses03.. Whats it like to be so wasted you are near death? I can tell you my friend I had the Chemo and Radiation.... Together... at the the same time.... IT ain'y no fun. I think dying would have been easier. BUT! I am alive and functioning. So since I am well qualified to say , I say this ...Get the government out out of the decision and let the kid go if that's what he wants What happens if the cancer is already beyond stage four and he dies anyway? Can the parents sue the government?

[monkeydude309]

Hopefully he'll die so his genetic code won't stay in the gene pool
People who believe in magic don't help society
He died because of religion...what an idiot

[elainecolbert]

At my age I would not opt for chemo and radiation but if it were my child or grandchild I would sell my soul to make sure they had treatment so they could enjoy a wonderful life. I don't understand how anyone can allow their child to suffer and die.

[erasmus111]

There is no reason to allow a boy with a 95% chance of survival to be allowed to DIE Just because of the parents beliefs.

Posted by hissteps4u at 10:37 AM : May 14, 2009

That's right. I, myself, would probably not choose to have the chemo, but if that was my child, I would not take that 95% chance to live, away from him. If he isn't capable of making a choice and understanding it, then I would have no right to choose death for him. He needs to be given the chance to grow up, to be able to make his own choices.