Skip to comments.Justice for Justina: Judge orders Connecticut girl to be returned to family
Posted on 06/17/2014 2:39:24 PM PDT by Hojczyk
Justina Pelletier is going home.
A Massachusetts judge ordered the 16-year-old Connecticut girl, who was taken from her family by child welfare advocates more than a year ago, to be returned to her mother and father effective Wednesday. The ruling caps a long-running medical custody dispute that began when two highly-respected Boston hospitals clashed over the girl's diagnosis. The case sparked national outrage, and led Lou and Linda Pelletier, of West Hartford, Conn., to wage a bitter legal battle.
To hear the news is overwhelming," Lou Pelletier told FoxNews.com moments after learning of the ruling. "Now we can certainly begin the healing process.
The case began when the girl's parents disagreed with a psychiatric diagnosis given by Boston Children's Hospital and said they wanted their daughter returned to her original physician at Tufts Medical Center, who had previously treated Justina for mitochondrial disease, a group of rare genetic disorders affecting cellular energy production. The Massachusetts Department of Children and Families moved in, claiming Justina was the victim of m"medical child abuse."
Mat Staver, of the Liberty Counsel, which battled the Bay State bureaucracy on behalf of the Pelletiers, said the ruling handed down by Massachusetts juvenile court Judge Joseph Johnstonwas well-deserved.
"We are thrilled that Justina will finally be returning home," Staver said in a statement. "The family looks forward to putting this 16-month nightmare behind them. Justina and her family now begins the process of healing both physically, emotionally, and spiritually."
In May, Justina was moved from Massachusetts to a facility in Thompson, Conn., allowing her parents to visit with their daughter, but doing little to dampen their determination to win her back for good. In a 45-second, videotaped plea, first posted on a Facebook support page last week, Justina is seen sitting in a chair and pleading plaintively
(Excerpt) Read more at foxnews.com ...
Now the law suit should start. I smell millions!
That would be removing the license
to practice Medicine of every “physician” involved
who kidnapped the child for their EXPERIMENTS.
Great news, the state officials and hospital folks who colluded in this need to be fired, jailed for at least a decade, and all their personal assets and pensions awarded to these people. Save the taxpayers and get real justice done.
Does this court ruling apply to Hondurans, Mexicans etc. ?
Now the law suit should start. I smell millions!
I smell tens of millions. I would LOVE to be on one of the juries that will be sitting for the various lawsuits.
I will going record with my belief that the Pelletiers won’t get a dime in compensation. I hope I’m wrong, and if someone reminds me of this prediction later, I’ll be happy to say, “Hey, I was wrong!”
I think you will be happily wrong. Justina was a competitive figure skater when the state snatched her from her parents. Now she is confined to a wheelchair. This, after the snatchers claimed her parents were making her sick. [That is a loose summary; they actually claimed Munchausen’s by Proxy—a similar indictment.]
Her father said having her home will be like the return of a “prisoner of war”. Tell me those aren’t fighting words. The parents have a massive case. They’ve been smeared & their daughter’s health has deteriorated precipitously. Hard to find a jury that won’t see it their way.
In order to go in front of a jury, they have to find a judge who will allow the case against a major state agency. It’s across state lines, too, which means a Federal judge.
The Massachusetts Department of Children and Families has been sued before & can be sued again. It is a troubled agency with a wretched track record, & there is no particular magic about bringing a case against it.
Have there been substantial judgments against MA DCF?
I can’t give you exact figures. I moved out of MA about 6 yrs ago. It IS a corrupt state & many of the judges are political hacks. However, I know that the agency has been sued, and as I said, I see no reason why it can’t be sued again. Their record is abysmal.
Any chance at all?
Because anything less is not justice.
It’s one thing that they’ve been sued, and something else again if plaintiffs have won significant judgments.
At some point incompetence, corruption & outright evil hit critical mass, even in deep blue states like MA. The Pelletier case is simply egregious. Let’s see how the lawsuit/suits play out. As I said at the beginning, you may be happily surprised.
One last thought. I’m not a lawyer. If I were, however, & I were advising the Pelletiers, here’s what I’d tell them. Forget about DSS for the time being. First we will sue the living daylights out of the doctors & hospital that initially misdiagnosed Justina & precipitated this year-plus multitiered nightmare. We will Clean Their Clocks. Afterward, with that resounding victory in hand, we will turn our sites on DSS.
Perhaps their commanding rout of the medical profession will give sufficient momentum to prevail against the DSS. But even if it doesn’t, they will hardly emerge penniless. Justina was seriously misdiagnosed & her parents were slandered. Significant damage was done. This family will not emerge from their legal forays empty handed. That is a foregone conclusion.
I hope you’re right.
Forget the hospital -- Children's is not-for-profit Harvard teaching hospital, and Massachusetts has a "charitable cap" of $20,000 damages for non profits. The psychiatry doctors at Children's should be fair game, however. I don't know what sovereign immunity issues would be involved in suing DCF (if we had a honest AG, there would have been a criminal investigation long ago!).
If the case is over(?), does that mean the gag order imposed on her Tufts doctors is automatically lifted?
There remains the question of Justina herself suing, once she turns adult.
If I were on the jury, I would happily bankrupt Boston Children's Hospital and any other "deep pockets" involved. Her case is one of pure liberal fascism!
I'm not knowledgeable about the details of the law in this case. My prediction was based on a general assumption that the institutions involved have thoroughly insulated themselves from criminal and financial consequences for any action. Otherwise, they would not have acted as they did.
As I said, I could be completely wrong, and I hope I am.
Thanks for the more detailed info. All I can say for certain is that Lou Pelletier has promised a “firestorm” of lawsuits once Justina is home. He’s had over a year to collect info on who to sue & how. Lawyers don’t typically work for free. If he has a legal team working on commission, which seems likely, they must sense a big payday in the works. I’m not convinced he would bluff about this, since it would actually work against him. My take is that he has identified at least one excellent target, probably more. Time will tell.
I hope so! I would think there’s a book in this, and not just about Justina. Lou Pelletier (on Kuhner’s morning WRKO show a while back) said that he went to DC and talked to some members of Congress. Michele Bachman told him this was a national problem. Most of the Congressmen who talked to him were GOP, but his own CT rep (a Dem) talked to him and told him his own son had been put in a similar position and only got out because his father was a Congressman.
Here is an interesting article from Fox News, written by Dr. Keith Ablow. The entire piece is worth reading, but from close to the end of it:
“Now, Justina will be free. And, among other things, what she will be free to do is to sue the Commonwealth of Massachusetts and Boston Children’s Hospital and those doctors who insisted all her symptoms were “in her head” for violating her rights and for malpractice. That wasn’t possible until now because she has been in the custody of the Department of Children and Families.
Does that sound like a conflict of interest to you — holding a child against her will, and the will of her parents, when you know that the moment she is released you’ll be sued for what you have done? You bet it does.
Think about potentially $25 or $50 or $100 million in damages paid out by the taxpayers of Massachusetts and malpractice insurers by the time this is over. And, although that will be money well-spent to deter power hungry politicians and doctors from “kidnapping” my kids and your kids and essentially experimenting on them, according to whatever medical theory is in vogue at their hospital, it will never compensate Justina Pelletier and her family for the attempt to destroy her and her family’s dignity, liberty and self-determination.”
Presumably Fox has a legal team, & Dr. Ablow would be advised not to project such hefty settlement possibilities if all or even most of the guilty parties were relatively free of legal jeopardy. Or, if he just went blind with these figures, would they not have been ‘corrected’ by now?
And the wealth of all involved reduced to 1/10th of what it currently is.
Thanks for the link! All success to them — and all justice to the offenders!
You’re welcome. We can both hope the judgments in however many cases Lou Pelletier ends up filing are so steep that other families are spared this hellish experience.
Btw, I see you live in MA. I lived there way, way, way too long. I have yet to miss anything about the state since I moved out over six years ago. I know there is some pretty scenery, & the grocery stores carry a much wider array than in my little Southern town. Still, I do not miss it. Not once, not even a little. [Though I did get just so depressed, shortly after I moved here, to discover that nowhere in town could I buy Red Rose Tea. I was abjectly miserable. First, my sisters responded by buying me a ton of the stuff, & more recently Walmart started stocking it, so I’m ok now.]
Thanks—I think I will.
Thanks even more for the update. You are wonderful—our on-the-scene reporterette.