Judge rejects girl's request to stop transfusion

by Lady Lee 26 Replies latest jw friends

  • Lady Lee
    Lady Lee

    NEWS STORY
    Judge rejects Alta girl's request to stop transfusions due to religion

    CAROL HARRINGTON
    Canadian Press

    Wednesday, February 20, 2002

    CALGARY (CP) - A 16-year-old girl with leukemia will have to continue with life-saving blood transfusions being forced upon her by the Alberta government, a judge ruled Wednesday. "This ruling will mean that she will continue to receive blood transfusions imposed on her against her will by means of restraint and sedation," the girl's lawyer, David Gnam, said outside court.

    "It will be devastating to her."

    The Jehovah's Witness girl doesn't want to receive another person's blood, even though she was diagnosed last week with leukemia.

    The province was given temporary custody of the girl late Monday night by a family court judge after successfully arguing the girl isn't mature enough to reject blood transfusions.

    Gnam was in court Wednesday asking that the blood transfusions be stopped until he appeals the ruling, but Court of Queen's Justice John Rooke refused to grant the girl a stay.

    "If she doesn't have the treatment she will suffer irreparable harm," Rooke said. "I acknowledge there is a harm to religious beliefs, but that has to be balanced with right to life."

    Her lawyer said he will appeal, arguing that the girl is a mature minor.

    "She's able to understand and make competent decisions," he said outside court.

    Rooke pointed out the girl received two blood transfusions Tuesday at the Alberta Children's Hospital in Calgary.

    "That harm has already taken place," he said.

    Her lawyer told court the harm to the girl's religious beliefs will be multiplied the more transfusions she has.

    "It's an assault," Gnam said. "If you are assaulted once, does that mean further assaults don't have consequences?"

    An appeal is set for April 25-26.

    The girl's mother and father have opposing opinions over whether their daughter should receive blood transfusions.

    Her father, who wants her to have them, was ecstatic with the court's decision.

    "I'm very happy that my daughter has a chance to live," he said outside court.

    The girl and her parents cannot be named because she is a temporary ward of the province.

    The court heard the initial blood transfusions have markedly improved the girl's red blood cell count, although nurses noted she cried after the procedure. Her father said the new blood made a marked difference in her condition.

    The belief about transfusions stems from Bible passages in which Israelites are instructed not to eat the blood of animals. Jehovah's Witnesses take that to mean they can't allow the blood of any animals - including humans - directly into their bodies.

    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.

    "We'll be working with the doctors with whatever her needs are, as long as we have guardianship," Kastner said.

    Hospital officials said they were unsuccessful in their worldwide search for other possible treatments for the girl's acute myeloid leukemia.

    According to doctors, the girl requires an amply supply of new blood for her chemotherapy treatments.

    Gnam works for the Jehovah's Witnesses head office in Georgetown, Ont.

    In 1995, the Supreme Court of Canada ruled that 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 last 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," he said.

    There are 110,000 Jehovah's Witnesses in Canada.

    © Copyright 2002 The Canadian Press

    http://www.canada.com/news/story.asp?id={39E3D8C7-29A6-42AB-9790-DE1044A4EBD7}

    Rejoice in the healing and not in the pain.
    Rejoice in the challenge overcome and not in the past hurts.
    Rejoice in the present - full of love and joy.
    Rejoice in the future for it is filled with new horizons yet to be explored. - Lee Marsh 2002

  • JT
    JT

    what makes this case so sad is that this girl may have died and then in 5yrs from today the wt will have changed it policy per say and she would have been 21 and alive instead she would be 21 and dead

    it is so sad to watch a group of guys like the boys in the Writing Detp make ruling that cause folks to have to make life and death choices thinking that somehow it is bible based or god approved

    i think back to the transplant position of the wt

    they provided 1000's of bible text as it were to say that it was supported by the bible and god's will and then with the stroke of a pen and the running 0f a press God changed his mind never apologiezed to those who died and just said

    TOO BAD THAT IS THE PRICE OF WAR
    LIVE WITH IT all you family memebers who lost a love one due to some Goofy rule that we said God' signed off on

    when in fact god never signed off on it

    the dogma was wrong the day it rolled off the presses

    and here if this girl and mom ever realize that this ain't the truth they will have an ANGER IN THEM THAT WORDS CAN'T DESCRIBE as to how close they let a group of duded in NY almost cost them thier child's life

    so sad

    this is truly a dangerous religion

    anyone from canada up here

    WE ALL NEED TO TRY AND CONTACT THE FATHER AND LET HIM KNOW WE SUPPORT
    HIM

    DOES ANYONE READING THIS HAVE ANY CONTACTS IN CANADA THAT WE CAN USE TO REACH THIS MAN
    by email, snailmail or phone

    thaks

  • Snowflake
    Snowflake

    The lawyer, David Gnam, Is in my parents congregation.

  • QuietOne
    QuietOne

    Lady Lee,
    Thanks for the post. I live in Canada and have often wondered what would happen if my child ever required a blood transfusion. My wife is a JW and I am not so the circumstances would be exactly the same. I love it when the WT loses!

    JT,
    We can only hope that the WT will change the blood policy within the next five years. I for one think that this is somewhat optimistic. Some of the JWs I've spoken with take issue with the WT changing their policy to allow them to have any portion of blood. Given these people might be the minority (who really knows) and it didn't bother them enough to question why the changes were made. When people think of JWs they think of the blood thing and the Christmas thing, changing this would change the way the world perceives the religion. I think they're working towards it but are very fearful of how the rank and file will react.

    Just my humble opinion.
    QO

  • ashitaka
    ashitaka

    Hey snowy, so what is the cong. saying about the case right now...?

    Are they getting ready to protest or petition or something like that?

    ashi

  • peterstride
    peterstride

    Here's the same story as reported by CBC NewsWorld website....note what the reporter says at the end of the article:

    "Some Jehovah's Witnesses do not allow the passage of any animal blood, including human, directly into their bodies."

    Some? Some? How about all, under threat of disfellowshipping? This reporter doens't have all the facts straight (even though it is true that different blood components are allowed, most JWs don't even know that!!!)

    -----------

    Calgary teen must receive blood transfusions: court
    Last Updated Thu, 21 Feb 2002 7:37:29

    CALGARY - A Calgary teenager has been ordered to receive life-saving blood transfusions despite her religious objections.

    The 16-year-old was diagnosed with acute myeloid leukemia and requires blood transfusions. But as a Jehovah's Witness, she says she cannot accept the blood.

    Her parents are split on the issue — her mother supports her decision, but her father wants her to have the transfusions.

    Last week, the Alberta government obtained a court order to make the girl a ward of the province so doctors could give transfusions.

    On Wednesday, the girl's lawyer David Gnam asked the court to stop the transfusions while the case is under appeal. But the judge denied the application, saying the transfusions won't hurt the patient, and that her right to life overrides her religious rights.

    But Gnam insists his client's religious beliefs are being violated.

    "This ruling means she'll continue to receive blood transfusions imposed on her against her will by means of restraint and sedation," said Gnam.

    The provincial government says it has to intervene in the case because doctors believe the teenager would die within days unless she receives blood.

    Iris Evans, the minister of children's services, says her heart is torn for the parents of the teenager.

    "They do want, I know, to parent well. It's simply a matter where the state does not believe that the best interests of the child are served while they are not getting treatment," said Evans.

    The girl has appealed the order to place her in the province's care. It will be heard April 25-26.

    Some Jehovah's Witnesses do not allow the passage of any animal blood, including human, directly into their bodies. The belief comes from a Biblical passage instructing people not to eat the blood of animals.

    Written by CBC News Online staff

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  • jukief
    jukief

    I hope this girl beats her leukemia. If she does, she'll look back someday when she's an old woman (and Armageddon never came in her lifetime) and thank her lucky stars that the government of Canada saved her life.

    Thank god her father isn't a dub.

    I have a good friend who almost died when she refused blood transfusions. She's no longer a dub and hasn't been for about 20 years. Just imagine if she *had* died--and all for a religion she doesn't even believe in today.

    With the Society's dismal success in keeping teenagers in the religion, the chances are good this girl won't remain a dub, anyway, especially if her father is able to influence her.

    Julie

  • peterstride
    peterstride

    By the way, here's the URL for the above mentioned story on CBC's Newsworld website....

    http://www.cbc.ca/stories/2002/02/21/teen_transfuse020221

    Peter Stride
    Toronto, Canada

  • HenryP
    HenryP

    Unfortunately, leukemia is a tough one to beat, transfussion or no transfussion.

    My cousin recently passed away, losing her battle with leukemia. She was not a Witness, nor was her father. He tried everything to get her treatment. They transfussed her countless times, but nothing work. In one short year from being diagnosed, she passed away at the age of 19.

    One interesting thing happened the day she died. She was very ill and the doctors were trying to save her life, but she begged them to stop, it was too painful and she was tired of being in pain. She just wanted to die in peace. The doctors ignored her and she suffered until the very end. Her father was devastated.

    Patients rights is a serious issue. We all should have the right to accept or refuse any medical treatment.

  • LDH
    LDH

    I bet you anything this woman is secretly glad her husband is non-JW.

    I bet you the pressure was coming from within the cong and the HLC (Hospital Liason Committee).

    So this sister gets to have her cake and eat it too. The whole cong will be talking about her 'evil' worldly husband and offering her all types of support and camaraderie. While in the meantime she goes home and breathes a sigh of relief that her child that she gave birth too, is spared from death. At least, for the time being.

    Lisa

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