Couple Sues Quebec Hospital for Not Dehydrating Disabled Infant Daughter to Death

MONTREAL, March 17, 2009 (LifeSIteNews.com) - A Quebec couple have launched a $3.5-million lawsuit against Montreal Children's Hospital for allegedly putting their infant daughter back on artificial food and hydration without their approval.

Marie-Eve Laurendeau gave birth to Phebe Mantha at LaSalle Hospital in November 2007. After a difficult delivery Phebe was transferred to Montreal Children's Hospital in serious condition and put on life support.

According to the lawsuit Laurendeau and Phebe's father, Stephane Mantha, were told by doctors that their daughter had little chance for survival and advised them to take her off respiratory support and hydration, to which they agreed.

After withdrawing respiratory support, however, it was found that Phebe could breathe on her own, and the hospital's ethics committee reversed the parents' decision to withhold fluids and food from their baby.

The allegations have not yet been substantiated in court.

The couple's lawyer, Jean-Pierre Ménard, said the hospital's ethics committee violated Quebec law and that only the court should have the power to overrule the couple's decision.

"It is totally unacceptable.… Those people have imposed their view of the treatment to the parents," Ménard said at a press conference held by the parents.

"The doctors said that each time she was fed the child suffered and they recommended letting her go and give her palliative care to control any discomfort," he said.

"The parents said it was the worst decision they ever had to make but they could not see what kind of life Phebe would have. They believed if their child could somehow consent, she would have agreed to have her life end."

After two-and-a-half months in hospital, Phebe was alive and neither deaf nor blind, as doctors had predicted she would be. She does, however, still suffer from some significant disabilities, including cerebral palsy, which reportedly require constant care. Hospital officials told the parents they could take their child home, or she would be placed in protective custody. They opted for the former.

Phebe is now almost 18 months old and, according to a CTV report, smiles at her parents. The parents say that Phebe's mother has had to quit her job to take care of their daughter and they are now living on only one income.

"I would tell them to come to our house for a week and see what it's like to live with a child like ours," said Mantha. "See the involvement that's needed -- the time and energy in terms of everything involved in our life."

Alex Schadenberg, executive director of the Euthanasia Prevention Coalition, congratulated the hospital ethics committee for upholding basic ethics and not dehydrating to death an infant who was not otherwise dying.

"The facts of this case appear fairly clear," he said. "Phebe was born with significant disabilities and the doctors thought that she was better off dead. Since the ethics committee recognized that Phebe was not dying, and because they didn't believe that she was better off dead, they decided to continue to provide her basic care."

Schadenberg pointed out that to cause a person, who is not otherwise dying, to die by dehydration, is euthanasia, because the omission is intentionally done to cause the death of the person, and the person dies of dehydration and not of an underlying illness.

Schadenberg praised the hospital's ethics committee, but warned of the consequences should the judge hearing the case uphold the parents' lawsuit.

"I would like to congratulate the ethics committee for making the correct decision and I think the judge should dismiss the case. If the judge decides that the child was better off dead, the precedent will enforce a situation whereby a physician and/or hospital will be forced to deny basic care, including fluids and food, to children, who are not otherwise dying," Schadenberg said.

He concluded that, "The Judge should consider that fact that a physician and hospital is not obligated to provide medical treatment or care that is deemed to be futile. In the same way a physician and hospital should not be obligated to dehydrate people, who are not otherwise dying, to death."

The hospital has so far refused to comment on the case, due to the fact that the case is currently before the courts.

Yup. Still trying to figure out if they thought they were getting a puppy or a baby.

21 posted on 03/17/2009 2:25:18 PM PDT by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)

Both of them need to be shot NOW!

22 posted on 03/17/2009 2:25:20 PM PDT by Soothesayer (The United States of America Rest in Peace November 4 2008)

“The parents said it was the worst decision they ever had to make but they could not see what kind of life Phebe would have. They believed if their child could somehow consent, she would have agreed to have her life end.”

A baby only wants to live. These “parents” are not human enough to understand that.

23 posted on 03/17/2009 2:27:24 PM PDT by Soothesayer (The United States of America Rest in Peace November 4 2008)

To: DJ MacWoW; BykrBayb

Still trying to figure out if they thought they were getting a puppy or a baby.

I wouldn't trust these jackasses to take care of a goldfish.

24 posted on 03/17/2009 2:27:57 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)

“Hospital officials told the parents they could take their child home, or she would be placed in protective custody. They opted for the former.”

This is the scariest part of the entire article. Someone needs to get that innocent child away from these two pieces of refuse. There is no doubt in my mind that they will abuse her horribly.

25 posted on 03/17/2009 2:29:05 PM PDT by Soothesayer (The United States of America Rest in Peace November 4 2008)

“She does, however, still suffer from some significant disabilities, including cerebral palsy, which reportedly require constant care.”
My 30 year old son has cerebral palsy - there are many degrees of it - he didn’t walk until the age of six and has hearing and muscle tightness problems that would make most of us give up. He just earned his master’s degree in GIS (Geographic Information Systems) at Arizona State University and we are very proud of him. Margaret Sanger would have thrown him in a dumpster without a second thought.

26 posted on 03/17/2009 2:30:12 PM PDT by dainbramaged (the Tree of Liberty needs watering)

“I would tell them to come to our house for a week and see what it’s like to live with a child like ours,” said Mantha. “See the involvement that’s needed — the time and energy in terms of everything involved in our life.”

My grandparents took care of my handicapped aunt for 55 years and with little money you selfish, worthless sacks of animal dung.

27 posted on 03/17/2009 2:30:21 PM PDT by Soothesayer (The United States of America Rest in Peace November 4 2008)

To: wagglebee; BykrBayb

You’re right. They could euthanize a goldfish if feeding it became too tiresome.

28 posted on 03/17/2009 2:31:06 PM PDT by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)

Meanwhile, the best man at my wedding and his wife are raising five children, the second youngest (now 3) has Down’s Syndrome, a serious heart condition (3 operations), a g-i tube (feeding for now is done right to the intestine), regulartly gets fluid in the lungs and is loved to pieces by both (VERY tired parents) and the other children who (except for the infant) pitch in.

On top of that, they got stuck a couple of years ago not being able to sell their house in Michigan, which hit the skids right after they bought a new home. They wound up having to sell the new home after a huge loss, and moved back into the old one.

I have never heard either parent whine or complain about their circumstances, much less about suing anybody. Quebec used to be the home of some of the toughest, most selfless people in the western hemisphere. The corruption of the best is the worst.

29 posted on 03/17/2009 2:32:09 PM PDT by Dr. Sivana (There is no salvation in politics.)

To: DJ MacWoW; wagglebee

"Don't all babies require constant care?"

In Obamaland, most adults do as well.

30 posted on 03/17/2009 2:33:41 PM PDT by Joe 6-pack (Que me amat, amet et canem meum)

Those would be overgrown babies.

31 posted on 03/17/2009 2:34:58 PM PDT by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)

I cannot believe the parents have custody since they believe she should have starved to death

32 posted on 03/17/2009 2:35:46 PM PDT by yldstrk (My heros have always been cowboys--Reagan and Bush)

To: ABQHispConservative

What can anyone possible do to rescue that innocent child from these two scumbags? It’s seems like she has no hope.

33 posted on 03/17/2009 2:36:12 PM PDT by Soothesayer (The United States of America Rest in Peace November 4 2008)

To: dainbramaged; Jim Robinson; All

My 30 year old son has cerebral palsy - there are many degrees of it - he didn’t walk until the age of six and has hearing and muscle tightness problems that would make most of us give up. He just earned his master’s degree in GIS (Geographic Information Systems) at Arizona State University and we are very proud of him. Margaret Sanger would have thrown him in a dumpster without a second thought.

Here is a post that Jim Robinson made a couple years ago that I've always thought was absolutely perfect:

Who dares compare Rudy Giuliani to Ronald Reagan?

To: Prost1

A true story that will happen in America in the not too distant future if people Like Rudy Giuliani and the liberals get their way.

Setting: the state operated federal human reproductive rights birthing clinic in a central California town.

Please sit down Mrs. Robinson, I'm afraid I have some bad news for you. It seems that even though your pregnancy has been normal all these months, your chil.., er, the fetus has developed a problem. We've run a series of genetic tests and unfortunately, they reveal that your fetus has a genetic defect. A mutation has occurred which alters the genetic structure of your fetus and creates a condition called muscular dystrophy. This is an incurable, untreatable disease that makes it impossible for your baby's muscles to develop normally. Your child will be severely handicapped from birth. I'm sorry.

Sobbing, but the pictures and videos you showed us... our son looked normal and so beautiful. His face and eyes and nose and little mouth and ears and his little toes and fingers. He looks so normal and perfect. He looks just like his grandfather and we love him so much. Sobbing.

I'm sorry, Mrs. Robinson, There's nothing we can do. Boys with this disease rarely are able to walk or function normally. They usually die at a very young age. They'll sometimes live to twelve or thirteen and with rare exceptions they'll live a little longer. Rarely do they reach adulthood.

Sobbing, but isn't there anything you can do for my poor baby?

I'm sorry. There's nothing we can do.

Can you refer me to another doctor so we can get a second opinion?

I'm sorry, but federal law does not allow that.

Well, can we pay for a private doctor to help us?

I'm sorry, but federal law does not allow that.

Sobbing, but what will we do?

Well, since your baby can never lead a normal life and will never be a productive member of society, the law requires us to terminate your pregnancy immediately.

Sobbing, but sir... isn't there any other way? Can we appeal to someone higher up?

I'm sorry, your case was reviewed by the birthing board last week, and it was decided that your pregnancy should be terminated immediately... and that's why we called you in today.

Sobbing, but what about my husband? He doesn't even know...

I'm sorry, but federal law does not require spousal notification.

Sobbing, but... but... I'm seven months along. You can't do an abortion.

Don't worry, Mrs. Robinson, we have a safe and painless procedure that we perform hundreds of times per month in cases like yours where the defective fetus must be removed in a late term pregnancy.

Sobbing, what do you mean?

First, we position the fetus so that it will deliver feet first, then we deliver the fetus up to its head. Then the birthing technician inserts an instrument and removes all tissue and matter from inside the defective fetus' skull. The skull is collapsed and extracted and it's all over. Very simple, quick and painless. We'll have you back on your feet in no time.

Sobbing, I want to go home and talk to my husband.

I'm sorry, but federal law does not allow that.

Sobbing.

Ok, Mrs. Robinson it's time to go to the birthing room.

Sobbing, but, sir, I want to call my Pastor and have him pray for us first.

I'm sorry, but federal law does not allow that. We cannot recognize mythical beings on government property, nor may we allow religious cult practices or ceremonies. Prayer is definitely not allowed on public property.

Sobbing, but, but my God... please Jesus...

Interrupting, I'm sorry, Mrs. Robinson, but we must go to the birthing room...

Sobbing, but what about after? Can our Pastor pick up the remains of our beautiful baby boy so we can have a Christian burial?

I'm sorry, but federal law does not allow that. We cannot allow religious ceremonies or cult practices on public property. Besides, we use all tissues and organs from terminated pregnancies. The stem cells are used in research. Your fetus' defective cell system may help us discover cures for MD and many other diseases. If any of his organs are good, they will be frozen and saved for later transplanting into children whose parents can afford such luxuries. Any remaining or unused tissues or body parts will be incinerated in our facility.

Hysterical sobbing, Dear Lord, Jesus please deliver us from such evil... The Lord is my Shepard... I shall not want..

Interrupting, please Mrs. Robinson, we really must go. The birthing technicians waiting...

76 posted on Tuesday, April 24, 2007 7:36:02 AM by Jim Robinson

[ Post Reply | Private Reply | To 38 | View Replies | Report Abuse]

34 posted on 03/17/2009 2:40:52 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)

My grandparents are from Quebec. I don’t think they have a single moral flaw. They are absolute saints.

35 posted on 03/17/2009 2:43:12 PM PDT by Soothesayer (The United States of America Rest in Peace November 4 2008)

What would this walking vag**** have done if the child were perfect? Get a nanny? Parade her in front of her intellectual friends? Take her to the job with her? This story is too heartbreaking and that little girl is too cute for the like of these breeding monsters. Pray for the baby, because she will need it growing up in the house of these fools.

36 posted on 03/17/2009 2:48:03 PM PDT by Clock King

It would be better to have another civil war then to allow that day to come.

37 posted on 03/17/2009 2:52:56 PM PDT by Soothesayer (The United States of America Rest in Peace November 4 2008)

Just some clarification here : these parents are not suing the hospital to have their daughter dehydrated and killed - it seems their daughter is now living with them at home.

They are suing the hospital for giving them bad advice, lying to them, telling them they should order that the little girl be taken off life support, and then turning around and ignoring the very order they procured from the parents in the first place.

It would be like going to hospital with a serious condition, having the doctor present you with DNR paperwork and convincing you its the best choice, then completely ignoring the order.

The hospital a) told the family the girl could not survive off life support, b) would be blind, c) would be deaf, d) would be better off if life support was removed. After convincing the parents this was the correct choice, EVERY single point the hospital made turned out to be incorrect. And that, in being incorrect, they now had the power to revoke the order they convinced the parents to agree to in the first place!

No ones even thinking about what that must have been like for the parents emotionally.

Whether or not their good people, or good parents, or if the hospital acted correctly or not - there was a chain reaction of incompetence here.

Should the hospital have let the baby die? NO, of course not. But that’s not really what this is about. The baby wouldn’t even have been in that situation if the doctors hadn’t told the parents she wasn’t even capable of eating without intense pain. Anyway, yeah, it’s unfortunate this is being phrased in terms of “they didn’t let my baby die’ instead of in terms of ‘they convinced me to let my baby die, and even took steps to kill her, but they were wrong about everything.’

38 posted on 03/17/2009 3:14:36 PM PDT by COgamer

To: mrs tiggywinkle

"I’ll take the precious little girl. I’ll take her and love her unconditionally. This absolutely breaks my heart. What EVIL people."

I would, also. She's absolutely beautiful. I'm just scared as to what kind of life she's living with THOSE 'people'. They're really not people, they're monsters.

39 posted on 03/17/2009 3:16:35 PM PDT by jackibutterfly

To: jackibutterfly

Can you imagine being a child, knowing your parents consider you to be a burden and want you dead...? Oh God.

40 posted on 03/17/2009 3:21:38 PM PDT by mrs tiggywinkle

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