Showing posts with label state custody. Show all posts
Showing posts with label state custody. Show all posts

Sunday, February 2, 2020

Opening Statements in Dispute Between Hospital, Teen Placed State Custody

Justina Pelletier's family is accusing Boston Children's Hospital of malpractice after a dispute in the then-teenager's diagnosis prompted state officials to take custody of her


Opening statements began Tuesday in a medical malpractice trial involving a Boston hospital and the family of a Connecticut teen who was placed into state custody after a dispute over her diagnosis.

The family of Justina Pelletier has filed a lawsuit against Boston Children's Hospital, saying Pelletier, then 14, was placed in Massachusetts state custody and "held against her will" in 2013.

The Pelletier family's attorney said she was diagnosed with mitochondrial disease — a disorder that affects cellular energy production — at Tufts Medical Center, but Boston Children's Hospital said her issues were psychiatric.

When her parents rejected that diagnosis and tried to discharge her, allegations of medical child abuse were raised, and the Massachusetts Department of Children and Families took custody of her.

"You will hear that they were angry, that they were enraged and that they objected in every way they knew how," John Martin, the attorney for the Pelletier family, said during opening statements.

She eventually was returned to the care of her parents in 2014 after a judge's order.

The lawsuit says Pelletier suffered "severe and debilitating psychiatric trauma as a result of being held against her will in a locked psychiatric ward."

Boston Children's Hospital denies the allegations of medical malpractice and said it would "vigorously defend the care our clinicians provided."

"You didn't hear anything in the opening statement that the treatment they provided was wrong," said the hospital's attorney, Ellen Epstein Cohen. "That's because it wasn't improper. It helped her. She improved."

The case is putting the spotlight on the debate of who has the final say on a child's treatment — doctors or parents.

With opening statements now complete, the jury will begin listening to testimony in the case. The judge told them the trial could last up to a month.

Full Article & Source:
Opening Statements in Dispute Between Hospital, Teen Placed State Custody 

See Also:
Parents of Justina Pelletier sue Boston Children’s Hospital

Justina Pelletier's Father says Justina's Returning to Family!

Justina Pelletier's Family And Boston Children's Hospital Are Heading To Court

New Placement gives DCF hostage Justina Pelletier more privileges

Thursday, March 3, 2016

Parents of Justina Pelletier sue Boston Children’s Hospital


Nearly two years after she returned home in the arms of her father, Justina Pelletier was back in the spotlight Thursday, speaking in a small, slightly shaky voice about the 16 months she spent in state custody, much of it in a locked psychiatric ward.

Justina, whose case drew national attention to the power of medical professionals to override parental rights, said she remains outraged that she was placed in state custody in 2013 after Boston Children’s Hospital accused her parents of interfering with her care.

The 17-year-old Connecticut girl clutched a purple stress ball, fingernails painted turquoise, as she spoke from a wheelchair in front of the State House, where her parents had convened a press conference to discuss the lawsuit they recently filed against Children’s Hospital.

“I’m very angry, and I just don’t understand how this happened, and I just really don’t want this to happen again to another family,” said Justina, who was with her parents, two of their attorneys, and a family spokesman from the Christian Defense Coalition.

She was taken into state custody three years ago after Children’s determined that her many health problems were the result of psychiatric issues and that her parents were pushing for her to undergo unnecessary treatment. The Pelletiers vehemently disagreed, pointing to the opinion of doctors at Tufts Medical Center, who said Justina suffers from mitochondrial disease, a rare genetic disorder that affects how cells produce energy.

On Thursday, Justina criticized her treatment at Children’s Hospital. “They really treated me badly,” she said, looking older and more mature than when she was last publicly seen, being carried into her home by her father after being released from state custody. “They didn’t really care. It was awful.”

Boston Children’s Hospital said in a statement that it “welcomes the opportunity to vigorously defend the medical care it provided to Justina Pelletier.”

“We are committed to the best interests of our patients’ health and well-being, according to the high standards we follow for every patient placed in our care,” the hospital said. “Out of respect for the patient’s privacy and the ongoing legal process, Boston Children’s is unable to provide further comment about the specific issues of this case at this time.”

Justina’s parents, Lou and Linda Pelletier, sued Children’s Hospital in Suffolk Superior Court this month, accusing the renowned institution and four of its doctors — Jurriaan Peters, Simona Bujoreanu, Alice Newton, and Colleen Ryan — of gross negligence and civil rights violations. The lawsuit seeks unspecified monetary damages.

“There’s been enormous financial impact on them,” said Kathy Jo Cook, a Boston attorney who is representing the Pelletiers in their lawsuit. “You can imagine if you couldn’t work for 18 months because all you were doing was driving back and forth from Connecticut to Children’s and trying to figure out how to get your child home.”

Last year, the Pelletiers filed for bankruptcy, according to court records.

They also faced foreclosure on their home but were ultimately able to settle their mortgage payments using money from a fund called “A Miracle for Justina” that was controlled by another daughter, Jennifer, court records show.

Lou Pelletier said he is suing Children’s Hospital because he doesn’t want other parents of children with complex medical problems to fear losing custody if they have to seek emergency medical care at a hospital.

“This is not about revenge,” Lou Pelletier said. “This is about making people accountable and making the medical community think twice before they take actions that can do damage to a child and a family that can be irreversible.”

Justina Pelletier smiled as she listened to reporters’ questions in front of the State house Thursday with her parents, Linda and Lou.

Justina was being treated at Tufts Medical Center for mitochondrial disease when her parents brought her to Children’s Hospital with gastrointestinal problems in 2013.

Doctors at Children’s concluded that she was a victim of medical child abuse as a result of her parents interfering with her care.

A juvenile court judge, relying on the opinion of those doctors, removed Justina from her parents’ custody. She was placed in a locked psychiatric ward at the hospital, where, her parents say, she was denied an education and not allowed to attend Mass.

Children’s Hospital said that patients and their families have access to the hospital’s multifaith chaplains and tutors.

Justina’s case became a rallying point for Christian conservatives and parent activists, who accused the hospital and state officials of violating the Pelletiers’ rights to make medical decisions for their daughter.

Under mounting pressure, the same judge who had placed Justina in state custody returned her to her parents’ care in June 2014, saying there was “credible evidence that circumstances have changed” and that her parents “have been cooperative and engaged in services,” including individual therapy for the teen and family therapy.

Justina said that since returning home, she has undergone several surgeries and is “doing a lot better.”
 She said she rides horses to build strength and attends a school for children with learning disabilities.

“I just really, really want them to get what they deserve,” she said of the doctors at Children’s Hospital. “And I really, really want to walk again and skate.”  (Continue)

Full Article & Source:
Parents of Justina Pelletier sue Boston Children’s Hospital

Monday, January 20, 2014

Judge orders independent look at Justina Pelletier’s medical controversy


WEST HARTFORD — After nearly a year of forced separation from her family, Justina Pelletier, 15, was barred from going home with her family to their West Hartford home for Christmas this year. A postponement in a ruling has ensured the family’s legal battles will continue through the holidays.

Judge Joseph Johnston, recently postponed his final custody decision until Jan. 10, leaving the teen in the state custody in Massachusetts, but also appointed an independent investigator to take a new look at her case.

“I don’t understand how they can do this. I didn’t do anything wrong,” her mother, Linda Pelletier, said as she left the courtroom, sobbing, according to a report published by The Boston Globe.

Judge Joseph Johnston appointed a new guardian ad litem — who is required under state law to take an “objective and even-handed” look at the facts in the case, according to the Globe’s report.

The parents accused the hospital and the Massachusetts Department of Children and Families of virtually kidnapping their daughter, and ignoring the medical advice of Dr. Mark Korson, the chief of metabolism at Tufts Medical Center. Korson had given Justina a working diagnosis of mitochondrial disorder over the past year.

Full Article & Source:
Judge orders independent look at Justina Pelletier’s medical controversy

See Also:
Parents lose custody of teen after seeking 2nd medical opinion; girl indefinitely detained in psych ward

Judge Orders West Hartford Girl To Remain In Mass. State Custody

Sunday, January 12, 2014

Judge Orders West Hartford Girl To Remain In Mass. State Custody


A fifteen-year-old West Hartford girl, Justina Pelletier, will remain in Massachusetts State custody, for now.

Sources indicate that based largely on the recommendation of a court-appointed guardian-ad-Litem assigned on December 20, Judge Joseph Johnston, ruled that Pelletier will not return home to Connecticut right now, but could be returned soon.

Sources say the next court hearing will be February.

A Judge-issued gag order placed on Nov. 7 remains in place.

Permanent custody has not been determined yet but sources indicate that if Pelletier’s parents follow strict court-ordered guidelines, Justina could be returned home to West Hartford within weeks.

Today marks 11 months since Justina Pelletier was admitted to Boston Children’s Hospital in February 2013.

Full Article and Source:
Judge Orders West Hartford Girl To Remain In Mass. State Custody