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Breaking: Emergency injunction filed to stop hospital from discontinuing baby's care
Jill Stanek ^ | November 23, 2009 | Jill Stanek

Posted on 11/23/2009 12:24:50 PM PST by moonpie57

Edited 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!

ADF writes:

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.


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: adf; babygabriel; deathpanel; deathpanels; education; elections; etch; ethics; feeforservice; government; healthcare; military; moralabsolutes; obama; obamacare; palin; politics; prolife; socialism; socializedmedicine; teaparties
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To: IMissPresidentReagan
Hmmm....But there are no Death Panels, right?

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.

41 posted on 11/23/2009 1:14:54 PM PST by r9etb
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To: DallasDeb
Thank you so much DallasDeb. Noah is now on a gastric feeding tube. He still has his trache and wears his braces only at night for his club feet. His left eye seems to be near normal and his ears are fine. He weighs 27 lbs and is 29" long.

He is 9 months old and is doing OK. Thanks again, Roger.

42 posted on 11/23/2009 1:18:13 PM PST by afnamvet
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To: tnlibertarian
I have a hard time believing we are getting the whole picture here.

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.

43 posted on 11/23/2009 1:18:25 PM PST by r9etb
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To: Winged Hussar

That is sick, as it is all things that would come under the category of “comfort care”, even if his case WERE futile!


44 posted on 11/23/2009 1:21:11 PM PST by GnuHere
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To: 2nd amendment mama; 4EverAmerican; 21twelve; 24Karet; abigail2; Accidental Ninja; acoulterfan; ...
PINGING THE COMRADES..........LET YOUR VOICES BE HEARD ON THIS 'ETHICS PANEL' DECISION......

PLEASE CALL 865-541-8165 - SPEAK YOUR MIND - SAVE BABY GABRIEL

45 posted on 11/23/2009 1:24:27 PM PST by rockabyebaby (We are sooooooooooooooooooooo screwed!)
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To: Quix

Ping!


46 posted on 11/23/2009 1:24:57 PM PST by houeto (The war gets only 20 hours of attention out of 9 months?!? Pray for our troops. They NEED it!)
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To: trumandogz

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?


47 posted on 11/23/2009 1:26:23 PM PST by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: moonpie57

Obamacare: It will kill the kids. It will kill YOU!


48 posted on 11/23/2009 1:26:34 PM PST by Palladin (Holder and Obama terrorize New Yorkers.)
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To: swain_forkbeard

Yes. Hospitals exist for the care of the weakest among us.

That is the TRADITIONAL American way.


49 posted on 11/23/2009 1:27:27 PM PST by Palladin (Holder and Obama terrorize New Yorkers.)
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To: trumandogz

You are, Cheapo!!!


50 posted on 11/23/2009 1:27:59 PM PST by Palladin (Holder and Obama terrorize New Yorkers.)
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To: Jeff Chandler

I know exactly what you are saying Jeff.... and right now I hear that “ Grandpa heart” of yours!!!

How’s Emma by the way?

Polly


51 posted on 11/23/2009 1:28:57 PM PST by pollywog ("Regime Change USA".... 2010-2012 ~~Let's Roll !!)
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To: moonpie57

When was that video taken? He certainly looks alert.


52 posted on 11/23/2009 1:30:36 PM PST by GnuHere
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To: DallasDeb

Was just going to suggest that... you beat me to it!


53 posted on 11/23/2009 1:30:39 PM PST by pollywog ("Regime Change USA".... 2010-2012 ~~Let's Roll !!)
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To: moonpie57
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.

*********************

This is hideous.

54 posted on 11/23/2009 1:30:43 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: afnamvet

What a beautiful baby boy! May God bless and keep him and allow him to grow and prosper in this life.


55 posted on 11/23/2009 1:30:47 PM PST by Palladin (Holder and Obama terrorize New Yorkers.)
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To: mware
How is little Emma doing? She remains in my prayers.

Emma Update: http://www.freerepublic.com/focus/religion/2388236/posts?page=265#265"

Emma wants to come home (she has another 3 weeks in the hospital).


56 posted on 11/23/2009 1:31:26 PM PST by Jeff Chandler (:: The government will do for health care what it did for real estate. ::)
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To: swain_forkbeard
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?

Someone does have to pay and the hospital and tax payer should not always be the one holding the bag.

57 posted on 11/23/2009 1:34:02 PM PST by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: All

Ya know...right now we may not know the whole story. Maybe there is something else going on that we don’t know about. What we DO know is that they intend to let this baby die. Do we wait until we know the whole story, or do we stick up for him now? Does ability to pay trump human life? The panel met today at 3:30. There isn’t time to waste.


58 posted on 11/23/2009 1:35:40 PM PST by moonpie57 ("Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity." MLK)
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To: Palladin

Is it right to force YOU to pay for the care?


59 posted on 11/23/2009 1:36:45 PM PST by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: Palladin

Well then you can be the one that writes the check to the hospital to cover the care of the baby.

And this is a prime example as why we need to stop Obama Care. If Obama Care were in effect, the care for this baby would be stopped due to lack of funding.

However, without Obama Care, the family has the chance to write a check to cover the cost of baby’s care. Under Obama Care, the Family would not be allowed to write that check to the hospital.


60 posted on 11/23/2009 1:38:45 PM PST by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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