Judge orders teen continue transfusions

Friday » February 22 » 2002

JASON VAN RASSEL
Calgary Herald

Keeping a teen who needs blood transfusions alive outweighs her religious beliefs that forbid them, a judge ruled Wednesday.

The 16-year-old girl has a severe form of leukemia that requires transfusions as part of her treatment. But as a practising Jehovah's Witness, she adheres to the faith's proscription on receiving another person's blood.

"I acknowledge there is irreparable harm to her religious views by continuing treatment," Court of Queen's Bench Justice John Rooke said in denying the girl's application. "If she does not have the treatment being imposed, she will suffer irreparable harm."

Rooke pointed out the girl received two blood transfusions Tuesday at the Alberta Children's Hospital. "That harm has already taken place."

Lawyers for the girl, and the girl's mother were in court Wednesday to request a stay preventing doctors from administering transfusions against her will.

The girl's father is also a Jehovah's Witness, but after reviewing Scriptures now believes there's nothing wrong with blood transfusions and favours the treatments to keep his daughter alive. Child welfare officials stepped in Monday and gained temporary custody of the girl, who is undergoing chemotherapy at Children's Hospital.

"I'm very happy that my daughter has a chance to live," the girl's father said outside court.

The court heard the initial blood transfusions have markedly improved the girl's blood cell count, although nurses said she cried after the procedure.

The girl's lawyer, David Gnam, told court his client doesn't oppose chemotherapy and would go ahead with the treatment without transfusions.

Gnam had argued that ending the transfusions until the court hears an appeal of the custody order would not put the girl's life in danger.

He said his client is a mature minor who should be able to make her own decisions about her body -- an argument rejected by a provincial court judge, prompting Wednesday's appeal.

"At 161/2 years of age, (she) has the same well-developed religious beliefs and a concept of the inviolability of her body as an adult," Gnam said.

The prospect of more transfusions "will be devastating to her," he said outside court.

The teenager's mother later released a statement through Gnam's office.

"A blood transfusion has now been forced on my daughter," the mother said. "She is extremely upset that her views have not been respected.

"My daughter is a mature, intelligent girl. As a mother, I respect and support my daughter's choice to have this modified chemotherapy. All I want is for treatment to proceed and that my daughter can concentrate on her health, without interference with child welfare authorities."

The clinical head of pediatrics at Alberta Children's Hospital said in an interview that transfusions must go together with chemotherapy.

Dr. Brent Scott said top oncologists across North America who were consulted at the request of the girl's family only reinforced that notion. "If you want to live, there aren't alternatives."

Scott explained that healthy blood cells of patients with leukemia quickly turn into cancerous white cells if left untreated. Patients who don't receive multiple transfusions will lack the red blood cells that carry oxygen throughout the body, leading to organ failure.

Mark Kastner, a spokesman for Alberta Children's Services, said the province stepped in because officials were told the girl would die within days if she didn't get blood transfusions.

In 1995, the Supreme Court of Canada ruled the state has the right to intervene in a parent's decision to stop a blood transfusion for a child based on religious beliefs.

Kastner said there have been three similar Alberta cases in the past two years, one in Edmonton and two in Calgary, in which the province stepped in to get temporary custody of children whose Jehovah's Witness parents wouldn't allow blood transfusions for religious reasons.

"In all of those cases we were awarded temporary custody so that we could allow medical intervention to occur."

The custody order appeal will be heard April 25 .

Continuing Story:
Father shunned by family for defying faith to save child
The father of this girl is shunned by the Jehovah's Witnesses he once embraced since defying his faith by agreeing to blood transfusions for his 16-year-old leukemia-stricken daughter.
(added 03/11/2002)

Teen's transfusions must continue: Court
The Alberta Court of Appeal ruled that a young Jehovah's Witness from Calgary will have to continue getting blood transfusions. The 16-year-old girl, who suffers from leukemia, is not mature enough to make a decision that's crucial to her treatment, the high court said in upholding earlier rulings by lower courts.
(added 04/27/2002)

Dying teen leaves Canada for treatment
The father of a teenaged leukemia patient who fought against blood transfusions for religious reasons is upset that his wife has taken their daughter out of the country to a secret location where she'll begin alternative treatments.
(added 07/22/2002)

Jehovah's Witness teen happy to be 17 years old A Canadian girl is undergoing alternative chemotherapy treatment at an undisclosed location in North America. She made headlines earlier this year when she refused to receive blood transfusions. Her battle has torn her family apart. Her parents are now embroiled in divorce proceedings, split over Mia's refusal to undergo blood transfusions. (added 08/21/2002)

Dad of Alberta girl who fought transfusions lashes out at Jehovah's Witnesses The grieving father of a 17-year-old Jehovah's Witness girl who died of leukemia says he intends to sue the religious group, claiming it destroyed his family and caused his daughter to fight against blood transfusions. (updated 09/07/2002)

Bethany's battle rages a year after her death -Parents fight for custody of little sister Bethany made headlines in Canada after refusing to undergo blood transfusions and died of acute myeloid leukemia. Bethany's father claims the Watchtower Society and his wife played a major role in her death. He is now fighting for sole custody of his youngest daughter who lives with her mother and is also a Jehovah's Witness. (added 07/26/2003)

Irreconcilable beliefs shattered family -Parents’ clash over transfusions led to divorce A bitter clash between religious beliefs and medical treatment led to the ultimate breakup and bankruptcy of a Calgary family, a judge has concluded in the parents’ divorce action. (added 11/20/2003)