Key events in the case of Daniel Hauser

[Refugee 7]

January: Complaining of shortness of breath, Daniel visits the family doctor in Sleepy Eye, who refers him to Children's Hospital in Minneapolis. A cancer specialist diagnoses Hodgkin's lymphoma and recommends six rounds of chemotherapy and radiation.

February: Daniel returns to Children's for the first chemo and radiation treatment. When he feels ill from the side effects, the family seeks second opinions at Mayo Clinic and the University of Minnesota. Experts at both recommend continued chemotherapy.

April: Doctors alert Brown County authorities that Daniel has failed to return for treatment, and County Attorney James Olson files a court petition alleging child neglect.

May 8: At a court hearing in New Ulm, Colleen Hauser testifies that she and her son would defy any order to resume chemotherapy.

May 15: Judge John Rodenberg rules Daniel must resume treatment, but leaves him in parents' custody and orders them to return to court May 19 with a new chest X-ray.

May 19: Colleen and Daniel Hauser fail to appear in court and judge issues arrest warrant. Daniel's father, Anthony, testifies that the pair left the family farm the previous evening and doesn't know where they are.

May 20: Brown County Sheriff Richard Hoffmann confirms that the pair have been sighted in Southern California, apparently en route to Mexico for treatment.

Comment on this story -

http://www.startribune.com/local/45805592.html?elr=KArks:DCiUHc3E7_V_nDaycUiD3aPc:_Yyc:aUU

[Starfish 0]

Chemo and radiation suck. Cancer patients should have the right to pursue - or not pursue - any treatment they wish. Daniel's age is not mentioned in the article above, I am assuming he is a minor but old enough to state that he does not wish to pursue further chemo/radiation.

Now having said that - I believe most cases of Hodgkin's (assuming it was caught early enough) are CURABLE. So I do understand the frustration of the doctors. But do we really want the legal system involved in decisions regarding our medical care?

[agirl 0]

I have to agree, Nancy. It's a sad situation for the boy and his parents. If I recall Daniel is around 13. Wasn't there a case recently in the last year or so that made the news about this same issue?

[Echosoftom 3]

Nancy, that is very well said. This is so sad. But, I honestly don't think I'd want the government making decisions about my medical care. Daniel has had one round of chemo and decided he doesn't want anymore. Anyone who has ever experienced chemo or seen a loved one go through it can understand that. I would think at his age, he and his family should have the right to make that decision.

[Square One 0]

You are so right Nancy and I do think they should be able to decide. I have a good friend that I grew up with who got Hodgkin's at 18 (her dad had it as well and died from it) and she went through chemo/radiation and is now a 40 year old mother of two and is completely cured. How do you make that decision? If they feel that strongly about not doing it, the docs should just let them be.

[weird monkey 0]

A part of me is on the family's side, that it should be their decision.

On the other hand, facts as presented indicate that treatment was halted only because it made him feel ill, not on religious grounds, or that treatment would be futile. If the alternative to potentially successful, albeit uncomfortable, treatment is death, then the state has the right to interfere on behalf of a minor. Daniel may not be feeling the effects of the disease and be hesitant to undergo treatment, but when he does start feeling the awful effects, it may be too late for him to change his mind. As a society, I don't think we believe a child/minor should be making life or death decisions.

I don't feel this is so much a case of the legal system making the choice in health care, as much as the legal system considering this a case of child endangerment. I don't know anyone who has gone to Mexico for 'alternative treatment', that didn't come back feet first, so I have to also question the parents' ability to decide their child's fate as well.

[Refugee 7]

(AP) A woman and her 13-year-old son who were on the run from court-ordered cancer treatment for the boy have returned to Minnesota, the Brown County Sheriff's Office said Monday.

"Daniel Hauser and his mother have been returned to Minnesota," according to a news release. It did not reveal any additional details, but said there would be a news conference Monday evening.

The FBI's affidavit in support of an arrest warrant for Colleen alleges she fled the state Tuesday to avoid being prosecuted on two state counts of depriving another of custodial or parental rights in Brown County.

The FBI said the pair flew from Minnesota to Los Angeles last Tuesday on Sun Country Airlines. Investigators suspected they might have headed to one of a number of alternative cancer clinics in northern Mexico.

Doctors say Daniel has a cancerous tumor growing in his chest that's likely to kill him without chemotherapy, but the Hausers prefer natural healing methods inspired by American Indian traditions.

The American Cancer Society estimates there are 35 to 50 clinics in Mexican border towns that attract cancer patients looking for alternatives to traditional U.S. treatment methods. Many of these clinics have offices in the San Diego area that serve as contact points for U.S. patients, who are then referred to clinics in Mexico.

On Thursday, Anthony Hauser appeared before reporters asking his wife to call him and to come home. "If you're out there, please bring Danny home so we can decide as a family what Danny's treatment should be," he said.

The county had charged Colleen Hauser with depriving another of custodial or parental rights. The "parental rights" refer to those of Brown County family services, which was granted custody of Daniel to get him to a pediatric oncologist.

At a news conference Thursday, Brown County Sheriff Rich Hoffmann vowed to arrange a safe return for Colleen Hauser without an enforcement action if she shows "a good faith effort to come back."

[weird monkey 0]

Here's an AP link explaining the source of the "preferred natural healing methods" Colleen Hauser is using for treating her son:

Nemenhah leader defends group

It is an interesting question whether a parent should decide what course of treatment is best for her child, especially since the father seems to have changed his mind and appears to be willing to work with the state.

Edited May 25, 2009 by weird monkey

[agirl 0]

I'm glad she returned with Daniel. I am also relieved to hear the mom is not being arrested.

[Refugee 7]

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.

Just curious, does anyone know what the percentage rate is of children dying from the side effects of chemotherapy and radiation treatments? Funny how those never get mentioned.

[Echosoftom 3]

^ Ref, I don't know the exact stats on it. But, I was watching a documentary that said there's a large percent of cancer patient who die from the side effects of chemotherapy. Infection and chemo drug overdoses were counted amongst two of the main culprits.

This makes me think of Anna. She died from sepsis (overwhelming blood infection) as a direct result of her chemotherapy.

My friends mother went into Kaiser one morning for chemo and by the end of the day she was gone. The nurse accidentally gave her three times the dose of chemo she was suppose to receive. Even twice the dose of this drug would have been lethal.

[Square One 0]

^ that is so sad about your friend's mother Sharon...and Anna too (was she a farmer?) Ugh. I hate cancer.

As for the stats, it would be interesting to know. I know doctors are very hesitant to do repeated MRI's on children due to the exposure to radiation from just that test....so it makes you wonder if they are so concerned about that, the actual use of it for treatment must really be difficult for kids to go through and the risks pretty high.

[emmie 2]

I think 13 is way too young for a kid to make a decision like this...as for "natural alternative medicine"...don't even get me started on that subject.

[Refugee 7]

What I have a problem with, is government interference. Being told you HAVE to have chemotherapy and radiation. They make it seem that there is NO risk to Daniel, that it will do nothing but save his life, with yes, the usual side effects of feeling sick and such. They NEVER give out the stats that he could die from the side effects of treatment.

At 13, yes he is young, but still old enough to have a say in HIS life. As long as knows the outcome of each choice, and can live with that choice, good or bad, I say city, county, state and federal, stay out of HIS life!

My father in law died from Hodgkins Lymphoma. So bah with the 90% effect rate.

[weird monkey 0]

According to the court documents, the state is constitutionally bound to pursue this matter whether they agree with it or not (page 9):

http://www.courts.state.mn.us/Documents/0/Public/Other/Hauser/Final_Order.pdf (pdf file)

http://www.courts.state.mn.us/?page=NewsItemDisplay&item=45848

[Echosoftom 3]

Ref, I couldn't have said it better.

[KansasPettyFan 1]

I agree. It is his and his family's decision and no one should have a right to interfere. If they make the wrong choice and he dies, they made the treatment choice. Best wishes to him with his treatment.

[KansasPettyFan 1]

MSNBC.com

Parents agree to chemo for boy who fled

13-year-old spent a week on run with mother to avoid forced treatment

The Associated Press

updated 4:53 p.m. CT, Tues., May 26, 2009

NEW ULM, Minn. - 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.”

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 Daniel 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.”

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

[weird monkey 0]

A good outcome, imo. The boy gets treatment, and gets to stay with his family.

The court document mentioned that the family felt chemo had killed another relative, so their apprehension is understandable.

[emmie 2]

This family sounds bleeding bonkers if you ask me.

[Nel 71]

^I agree with both of your comments, Emmie.

As for government interference, without treatment, this boy will die. I think it's right for the governent to intervene in cases like this, where a child's life is in (in this case, further) jeopardy as a result of the parent's actions.

[Refugee 7]

The boy might die with government interference.

[emmie 2]

Well, if it were my son I'd be wanting to try anything to help him. I personally know of 4 people who through chemotherapy have been cured of Hodgkins.

[Beamish 0]

I am currently regretting that I was allowed to make health decisions at the age of 12. Kids don't always understand the long-term effects of what they're choosing, or that they will possibly someday have to pay for that choice literally as well as figuratively. I would definately take my child's concerns into account when arranging their health care, but I probably wouldn't feel comfortable letting them make the final decision.

However, I'm baffled that Minnesota was willing to interfere in this case when they often let parents refuse blood transfusions for their children, because of religious preferences. Also, despite my personal objections to letting a child die without even attempting treatment, I agree with Ref that chemo and radiation come with serious side-effects of their own, and am uncomfortable with anyone being forced to endure them against their will.