Local News

MINNEAPOLIS (AP) ― Minnesota parents who refused chemotherapy for their 13-year-old son were ordered Friday to have the boy re-evaluated to see if he 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, but he gave them until Tuesday to get an updated chest X-ray of Daniel's tumor and select an oncologist.

Calvin Johnson, an attorney for Daniel's parents, said the family is considering an appeal. For now, he said, Daniel is following the order and will have X-rays Monday.

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.

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.

Bostrom diagnosed Daniel with Hodgkin's lymphoma in January and recommended six rounds of chemotherapy. Daniel underwent one round in February, but stopped after that single treatment. He and his parents sought other opinions and other doctors agreed with Bostrom, but the Hausers 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. Child protection workers accused Daniel's parents of medical neglect, and went to court seeking custody.

Court testimony indicated Daniel's tumor shrank after the first round of chemo, but has since grown. His mother, Colleen Hauser, testified last week: "My son is not in any medical danger at this point." She has been treating his cancer with herbal supplements, vitamins, ionized water, and other natural alternatives -- despite testimony from five doctors who agreed Daniel needed chemotherapy.

Rodenberg wrote that state statutes require parents to provide necessary medical care for a child. The statutes say alternative and complementary health care methods aren't enough.

"If the Minnesota Legislature ever reconsiders the relevant statutes, I am confident that I join all of the others involved in this matter in hoping, and indeed in praying, that Daniel Hauser lives to testify at that hearing," Rodenberg said.

Rodenberg found Daniel has only a "rudimentary understanding at best of the risks and benefits of chemotherapy. ... he does not believe he is ill currently. The fact is that he is very ill currently."

Because of that, and other evidence in the case, Rodenberg said the state's interest in protecting the child override the constitutional right to freedom of religious expression and a parent's right to direct a child's upbringing.

Medical neglect, Rodenberg said, clearly took place on April 29, when the Hausers did not follow one doctor's advice to return to an oncologist, and on May 7, when they disregarded their family doctor's recommendation to get the tumor X-rayed.

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.

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."

The Hausers, who have eight children, are Roman Catholic and also believe in the "do no harm" philosophy of the Nemenhah Band. The Missouri-based religious group believes in natural healing methods advocated by some American Indians.

Rodenberg wrote that Daniel claims to be an elder in the band, but does not know what that means. Daniel also says he is a medicine man under Nemenhah teachings but can't say how he became a medicine man or what teachings he has had to become one.

He also noted that at age 13, Daniel can't read.

"He lacks the ability to give informed consent to medical procedures," Rodenberg said.

Bostrom said he doesn't think there are any winners in this decision.
He said if an X-ray shows there is still hope Daniel can be cured, it's possible doctors will recommend the same treatment plan.

According to Daniel's court testimony, he believes the chemo will kill him, and said: "I'd fight it. I'd punch them and I'd kick them."

Fear of chemotherapy is common among cancer patients, and Children's Hospital has a program that incorporates herbal supplements, massage, acupuncture, and other alternative methods to help patients deal with side effects of the medication. It's unclear where Daniel will seek treatment.

"The bottom line is we just want to get through this, have him get better," Bostrom said. "And I'm happy the judge ruled that he could stay with his family because they are wonderful people ... We want what's best for Danny."

-------

According to Chemotherapy.com, chemotherapy is the general term for any treatment involving the use of chemical agents to stop cancer cells from growing. Chemotherapy can eliminate cancer cells at sites great distances from the original cancer. As a result, chemotherapy is considered a systemic treatment.

(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)