Judge overrules parents, says baby can have blood

By Susan Clary | Sentinel Staff Writer
Posted May 23, 2002

Over the parents' religious objections, a circuit judge told Florida Hospital doctors late Wednesday to give a premature baby girl a blood transfusion if needed to save her life.

Circuit Judge Fred Lauten granted the petition for the 1-day-old infant, whose parents are Jehovah's Witnesses. The baby's mother was 25 to 26 weeks pregnant when she gave birth, and the baby weighs less than one pound.

Her parents, Arquelio and Caridad Soto of Kissimmee, refused to give permission to doctors. Arquelio Soto cited Scripture and the couple's religious convictions.

"I believe Jehovah gave us life, and he'll do everything he can to keep the baby alive," Arquelio Soto told the judge in a conference call late Wednesday from the hospital room. "Anything but blood."

Jehovah's Witnesses' beliefs stem from Bible passages in which Israelites are instructed not to eat the blood of animals. Jehovah's Witnesses believe that means they can't allow the blood of animals, including that of humans, directly into their bodies.

Attorney Jack Holt, who represents the hospital, told Lauten that Florida Hospital does not take a stand on the issue but contacted the judge because the baby's life was at stake.

Assistant State Attorney Dalel Raide said state law allows a judge to order emergency medical treatment over the parents' objections.

Dr. Eduardo Lugo, a neonatologist treating the baby, said the baby's body would likely not produce enough hemoglobin, depriving major organs of oxygen. The baby could develop anemia or hemorrhage.

Lugo said experience had taught him that most babies born severely premature need a transfusion hours after birth or within weeks.

With a transfusion, Lugo gave the baby a 60 percent to 70 percent chance of survival. Without one, he said the baby had less than a 10 percent chance.

Lugo said that if doctors could not give her blood, "that would jeopardize giving oxygen to the brain, heart, and kidneys and would put the baby's life in jeopardy."

Arquelio Soto, 41, said he stood by his beliefs and did not like the hospital forcing the issue upon the family. His wife, Caridad, 38, said she agreed.

"My belief is that even if he died, we are doing the right thing," he said. "I believe Jehovah will help the baby."

Lugo said the baby could be given a drug to stimulate hemoglobin production, but it takes several weeks to work. Lugo said the baby was on an IV and had been receiving nutrition.

The temporary petition will be in place until a formal hearing can be scheduled.

Holt, the attorney for the hospital, emphasized that no one was blaming the parents.

"These parents are not neglecting their child or purposefully trying to injure him," Holt said. "No one is trying to say that."

Susan Clary can be reached at sclary@orlandosentinel.com or 407-420-5448.