May 26, 2009 6:33 PM

Parents Of Boy With Cancer Agree To Chemo

By
CBSNews
(CBS/ AP)  The parents of a Minnesota boy who refused chemotherapy for his cancer told a judge Tuesday they now agree to the medical treatment, and the judge ruled their son can stay with them.

Daniel Hauser, 13, has Hodgkin's lymphoma. He and his mother missed a court appearance last week and left the state to avoid chemotherapy and seek alternative treatments. Colleen and Anthony Hauser told a Brown County District judge they now understand their son needs chemotherapy.

When Judge John Rodenberg asked an emotional Colleen Hauser if she now believes chemotherapy is necessary to save her son's life, she replied, "Yes I do."

Daniel is scheduled for a round of chemotherapy on Thursday at Children's Hospital and Clinics of Minnesota.

Daniel and Colleen returned to Minnesota on Monday after almost a week on the run. Dr. James Joyce evaluated Daniel at the family's home in Sleepy Eye, and then made an appointment for Daniel to see an oncologist.

That exam showed a tumor in Daniel's chest has grown - and is larger than it was when he was diagnosed in January, according to a medical report read in court by Rodenberg. The tumor is pushing against Daniel's trachea, causing pain that Daniel rated as a 10 on a scale of one to 10.

"The doctor is stating in the strongest possible terms that this course of chemotherapy has to commence and commence soon," Rodenberg said.

Attorneys for Brown County Family Services and for the guardian ad litem objected to the judge's ruling on custody, saying they wanted Daniel to stay in foster care. The judge had ruled earlier this month that Daniel would be placed in protective custody if his parents did not abide by a court order to see an oncologist.

"I do not see why the court would consider a change in custody status," said Tom Sinas, attorney for the guardian ad litem. "The only thing that has happened since we were last here is that Colleen Hauser fled the state with her son. I don't see how that is the basis for revisiting the custody decision."

James Olson, the Brown County prosecutor, said social workers at Children's Hospital told them that as recently as Monday, when Daniel saw the oncologist, the Hausers were still saying they didn't want chemotherapy.

"I am concerned that if Danny doesn't like the second round of chemotherapy he's going to say, 'I'm going to run away again,' and we're going to be right back where we started," Olson said. "These folks have had a history of changing their minds."

Attorneys for the Hausers wanted Daniel to stay with his parents and seven siblings.

"This family clearly loves and cares for Danny," attorney Tom Hagen said. "The environment at the Hausers' home is loving and caring. It is a healing place. Their main interest is in making sure Danny is OK."

Meanwhile, Jennifer Keller, the attorney who helped return Colleen and Daniel to Minnesota on Monday, said on CBS' The Early Show Tuesday, that Colleen "wants to press for at least a try for some alternative therapies that are less toxic."

Daniel did not appear in the courtroom Tuesday, but his court-appointed attorney, Philip Elbert, spoke on his behalf. He said Daniel has now had sufficient time to talk to a doctor and discuss the situation with his parents and Elbert.

The attorney said Daneil wanted to schedule one chemotherapy session at a time and then be examined before doing the next one. The judge said they had to follow the course of treatment recommended by Children's Hospital, which back in January was six rounds of chemotherapy, possibly followed by radiation. It's not clear whether that course of treatment would still apply, given the change in Daniel's tumor.

Daniel underwent one round of chemotherapy in February, but stopped after that, citing religious beliefs. The family prefers natural healing practices suggested by a religious group called the Nemenhah Band, which says it follows American Indian beliefs.

Rodenberg ruled earlier this month the parents medically neglected Daniel and ordered them to get him an updated chest X-ray as well as select an oncologist for a re-evaluation. After the X-ray showed a tumor in Daniel's chest had grown, the mother and son left town.

The FBI said the pair flew to Los Angeles a week ago, and returned early Monday.

Hodgkin's lymphoma has a 90 percent cure rate in children if treated with chemotherapy and radiation, but doctors said Daniel was likely to die without those treatments.

"Danny loves his parents and they love him. He's a fine boy, a very pleasant young man. I know he should be in the custody of his parents - as long as I'm satisfied they are going to follow the prescribed course of treatment," Rodenberg said.

Turning to Colleen and Anthony Hauser, Rodenberg said, "I'm taking you at your word. We're starting over right now."


CBS/ AP
Add a Comment See all 55 Comments
by ge556 May 28, 2009 1:10 PM EDT
I think that this kid should be allowed to do what his parents have decided. Do you really think that he will trust the government over his parents?
Posted by mollydtt at 11:43 AM : May 27, 2009

His parents have decided that their beliefs are more important than his life. They are willing to kill him. The judge has decided that that is inappropriate.
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by mollydtt May 27, 2009 2:43 PM EDT
I think that this kid should be allowed to do what his parents have decided. Do you really think that he will trust the government over his parents?
Reply to this comment
by ge556 May 27, 2009 1:57 PM EDT
The only one who can truly take care and cure this young man is God.

Posted by ejcspau at 6:30 AM : May 27, 2009

You can believe that, but the evidence is that his best bet is chemo. The evidence for God is lacking.
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by czechtraveler May 27, 2009 11:38 AM EDT
it's not the boys fault its the dumb ass parents.......
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by ejcspau May 27, 2009 9:30 AM EDT
The only one who can truly take care and cure this young man is God. Chemo and Radiation are hard on a body. His developing body will never be the same.

God Bless him and his family. I hope he doesn't suffer.
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by wsp1975 May 27, 2009 7:53 AM EDT
Philabias,
How come when a judge that you think is liberal decides a case its "activist" judges but when a right wing judge tries to overturn known law they are not? Why wouldnt it be the conservative judge that is the activist? They are the ones trying to overturn decided law are they not?
How come when Bush was appointing his right wing judges to the court, the right wing screamed that the president has a right to an up and down vote on that nominee but when the shoe is on the other foot they decide that filabustering is the right move? And are you really preaching about any group wanting things only their way?? Its seems to me that the right wing thinks we should all think as they do and if we dont we are somehow unAmerican. Its ironic you would choose to tell us to "THINK IT THROUGH"; maybe take some of your own advice.

SBrooks
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by nofoolling May 27, 2009 3:39 AM EDT
http://globalcrisis.info/hospitalgerms.html

http://www.cureresearch.com/mistakes/common.htm

Here are 2 websites among the many, but these only include statistics up through the year 2000.

The 220,000 figure I believe I heard on 60 minutes last year but I'm sorry I can't be more certain.

Another good source of info is the movie "Sicko" which will really startle most folks.

An entire host of websites list medical errors and hospital acquired infections as the 4th leading cause of death in America.
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by orinfagel May 27, 2009 3:20 AM EDT
eightsigma: Well he/she did use lower case on the 'i' in the very beginning. At least he/she is not egotistical.
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by orinfagel May 27, 2009 3:16 AM EDT
nofoolling: Would you please post your source for the stat you gave on "...220,000 people die in the hospital each year..." and, whether all of those loses are due to hospital neglect or some other cause? That would be very helpful for the reader; especially if it is a peer reviewed scientific study. Anxiously awaiting your report.
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by nofoolling May 27, 2009 2:35 AM EDT
I'm sure most of us would probably "agree" if your choices were jail or losing custody of your child.

What a raw deal for all Americans that this judge and many others would force you to take treatment from the good folks at the American Malpractice Association.

Healing (if you're lucky) for dollars, if you're not lucky it still costs the same, whether you end up one of their failure statistics or not.

They said this kind of cancer has a successful cure rate of 90%. Yah, if they manage to give you the right dosage, aren't mistaken for a bum (or simply uninsured) and thrown to the curb, or they don't manage to take out your brain by mistake.

220,000 people die in the hospital each year, of an illness they didn't have before they went there.
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