Skip to comments.Breaking: Emergency injunction filed to stop hospital from discontinuing baby's care
Posted on 11/23/2009 12:24:50 PM PST by moonpie57Edited on 11/23/2009 3:46:03 PM PST by Admin Moderator. [history]
UPDATE, 3:45p: The ADF lawsuit and pro-life hubbub caused the "ethics panel" to decide today to formally agree not to withdraw care for Baby Gabriel. Thanks to all who reposted and called the hospital!
The agreement between the hospital and Baby Gabriel's mother has not yet been put in writing. ADF attorneys are withdrawing their motion for a temporary restraining order but will not withdraw the complaint until a written agreement is finalized. Until then, the lawsuit is still active.
ADF legal counsel Matt Bowman said, "We are pleased with the ethic panel's decision but look forward to full resolution in writing so Baby Gabriel's life will no longer be in danger."
The Alliance Defense Fund just filed an emergency injunction and restraining order in response to the decision a couple hours ago by an "ethics panel" at East Tennessee Children's Hospital to discontinue care of 9-month-old Gabriel Palmer.
According to an ADF press release:
Baby Gabriel was born prematurely with a genetic abnormality, club foot, and narrow airway, but he flourished when he went home from the hospital in June, where he grew, played, and received physical therapy while going to regular doctor visits. He was fed through a tube and received some oxygen and medications.
On an October weekend when the baby's regular doctors were unavailable, Palmer took her son to the ETCH emergency room because of breathing problems. After interventions by the medical staff, the baby went into shock, developed pulmonary vascular disease, and was placed on a respirator.
Despite the complications, Baby Gabriel is in stable condition, and an ETCH doctor determined he could live "a long while." The child is alert, active, and responsive when not sedated. In recent days while awake, he spent time kicking his feet, tried to play with his stuffed animals, listened to his mother and grandmother, and responded to his favorite music.
The ADF press release continues:
ETCH recently began giving up on Baby Gabriel's care, and on Nov. 13, the head of ETCH's PICU, Dr. Kevin Brinkmann [pictured right], told Palmer that the hospital was going to stop feeding him milk and giving him his medications, as well as disconnect his respirator, because the staff considered his care "futile."
Brinkmann said a formal "ethics panel" meeting at 12p EST Monday would determine whether to stop treating Baby Gabriel, but he noted that the decision was already a foregone conclusion. Ethics panel members have already said they will decide to cease the baby's care despite his mother's objections. ETCH's policies declare that treatment can be withdrawn over the family's objections as soon as the ethics panel makes its decision.
After doctors decided that Baby Gabriel was not worth treating, ETCH started discriminating against him by denying his basic care. Staff stopped bathing him, ceased applying cream to alleviate his chapped skin, reduced his diaper changes, and have not allowed his physical therapy. ETCH doctors have also discouraged Palmer's attempts to have her son transferred to other medical facilities where he could receive treatment.
ADF filed the motion for restraining order and injunction in Palmer v. East Tennessee Children's Hospital Association... which has set a hearing... for 3::30p EST Monday....
Call the ETCH Community Relations Office at 865-541-8165 to express your outrage. I just did.
Hmmm....But there are no Death Panels, right?
Just “Ethics Panels”...Whew am I relieved that Sarah was wrong.
This is outragous.
Where did these Nurses get their training. the MENGELE School of Nursing.
I hope these Drs and Nurses that are taking part in this rot in Hell.
Lord, please help this little one, if it is your will. Do not let this be the start of many such cases to be brought on by government-run healthcare. Do not let euthanasia take root in this country. In your name, we pray. Amen.
Here is the link to the press release from ADF.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
ADF filed the motion for restraining order and injunction in Palmer v. East Tennessee Childrens Hospital Association with the Chancery Court for Knox County, which has set a hearing before Chancellor Darrel Fansler for 3:30 p.m. EST Monday at 400 W. Main Ave. ADF-allied attorney John Threadgill of Knoxville is serving as local counsel in the lawsuit.
surely there has to be more to the story.....this is just
too gruesome to be true.......
“After doctors decided that Baby Gabriel was not worth treating,....”
Were these “Doctors” imported from the UK? How in the “H” did they, could they possibly think they have the right to make such decisions much less act upon them.
I agree with poster #2.
How is little Emma doing? She remains in my prayers.
This baby must be saved. Sounds like my grandson’s condition. See here : http://cryanjackson.blogspot.com/
Oh God! How Long will you suffer this wicked generation?
ADF is a great organization. I donate regularly.
“Staff stopped bathing him, ceased applying cream to alleviate his chapped skin, reduced his diaper changes, “
If true, law enforcement and child protective services should be called.
Go to the link and see a video of a very alert and cute baby.
Here’s government health care for you. Uninterested, unapposed “officials” deciding who lives and who dies.
Leting a pt lay in a soiled diaper, not bathing a pat. This is ABUSE pure and simple.
Whenever you hear someone gassing on about how conservative it is to support assisted suicide, remember this case.
Some folks reading this post are scratching their heads now. “What, has Silverback finally gone nuts?,” they’re asking themselves. “What does this have to do with a terminal adult deciding on an early relief from pain?”
Well, here’s what, boys and girls: When the politicians sold TennCare to the people, they not only didn’t say anything like “And in a few years we’ll start denying care to handicapped babies,” they told people that the purpose of having a state health care program was to protect families like this, to give health care to the poor, and ensure that those who were already insured could care for their loved ones in bad scenarios without going broke.
So don’t be surprised when “You can check out early and with dignity...trust me” turns into “Your care is futile. Get dead, Gramps.”
I’m not saying there couldn’t be more, but...remember how so many Freepers kept saying “just
too gruesome to be true” about Michael Schiavo even after almost everything bad said about him was confirmed, in some cases by his own court testimony.
I can’t believe this. How awful.
A baby we know...
We live in a country where a “women’s health care provider” can leave a newborn baby who happens to survive an abortion in a closet to die, and not suffer any sanction.
We’ve fallen so far that just about any atrocity is conceivable at this point.
These people are heartless if this is accurate. Soulless
Thank you, Lord, for giving Noah such wonderful and loving parents and extended family. Continue to give them strength as they seek a long, happy life for little Noah.
I have a nine month old son, and I’ve been a cop for 13 years, and I agree with post number 2. I’m nearly in tears over this, and I’m guy. If this were my son, I’d be removing my son myself; and, if someone tried to stop me from taking my boy to another hospital, they would regret it for the rest of their very short life. This mother probably feels totally powerless. Thank God for this Knoxville attorney. Legal funds are great; but, without lawyers to fight in court the funds are useless.
I called and had to leave a message. Bless his little heart.
I just called. If they are on the line with someone else, you can leave a message. Tell them what you think.
Who is paying for the baby’s care at the hospital?
I remember in elementary school being taught about the Spartans who, when a sickly child was born, left it in a field to die. It was used then as an example of barbarism - now it’s just standard operating procedure. Sick.
If it were me as the parent, these death doctors would be dead the moment they decided and stated killing my child. The line in the sand is drawn.
We are not “aborting” human beings in the name of money or eugenics. Over my dead body are liberals expanding their death territory over the the innocent. Abortion is an abomination, gone too far as it is.
I am old enough now. I have lived my life and faced death and my kids are men now. I will not tolerate government condoned killers like Nazis or soviets in the United States of America using their twisted politically correct eugenics ideology to expand their killing field of the innocent.
Many of them will die for participating in this phase of the extermination so they better believe in it like a Muslim believes in suicide bombing - like killing the innocent is worth dying for a million virgin to screw into infinity.
>>They want to cover up their obvious (I think) malpractice when they caused the “pulmonary vascular” disease (probably pulmonary hypertension—my guess).
That’s what I’m thinking. Something smells about this.
I have a hard time believing we are getting the whole picture here. My son spent 10 weeks in the NICU in this hospital and the doctors, nurses and other staff were the most caring, professional people I have met. I saw the heartbreak they felt from losing one of their precious patients. From my experience, I can’t believe there isn’t something else going on that we are not being told.
I do not think murdering doctors would be an effective way of saving your child. However, finding a way to actually cover the hospital bills would help save your child.
I watched the video....this is incomprehensible. What in the world is in these doctors’ minds?
“Brinkmann said a formal “ethics panel” meeting at 12p EST Monday would determine whether to stop treating Baby Gabriel, but he noted that the decision was already a foregone conclusion”
This is what is known as a DEATH PANEL!!
Yes, something seems to be missing from the story.
A large group, armed if necessary, needs to physically storm that hospital and rescue that infant and find him some viable care. This is murder, plain and simple.
What’s the deal with the parents? I see nothing about the family’s reaction.
Well, there are ... and without Obamacare to set them up, in fact.
The inconvenient fact that they already exist, should disturb you. Not because they exist (there is a legitimate need for them, even if they're sometimes wrong), but rather because the opponents of Obama's health care plans have lied to you about it.
Just because a group calls itself "conservative," doesn't mean that they're not above fabricating "facts" to advance their agenda.
He is 9 months old and is doing OK. Thanks again, Roger.
You know that we're not. This is an article by a pundit who is quoting the lawyers on one side of the issue. That's never a recipe for reliable information.
I can't imagine the difficulty of the parents' position -- they clearly can't imagine letting him go. Unfortunately, I suspect baby Gabriel's condition is not nearly so robust as it's portrayed here.
That is sick, as it is all things that would come under the category of “comfort care”, even if his case WERE futile!
PLEASE CALL 865-541-8165 - SPEAK YOUR MIND - SAVE BABY GABRIEL
Good question. Here’s another one. If the family can’t pay and does not have insurance, or insurance benefits have run out, is it right to force the hospital to provide unreimbursed services?
Obamacare: It will kill the kids. It will kill YOU!
Yes. Hospitals exist for the care of the weakest among us.
That is the TRADITIONAL American way.
You are, Cheapo!!!