PUBLISHER’S NOTE: AUSTRALIAN BUSHFIRE DISASTER:
Like so many others who are horrified by the devastating loss suffered by so many people affected by the rampant bushfires in Australia, I have been looking for a way to help out. So I turned to Bob Moles, of Adelaide, Australia, and Bibi - great supporters of this Blog - and the powerful presence behind so many exonerations in their country - as well as powerful forces in the movement to establish independent criminal case review boards in Australia and beyond - for their recommendation as to where donations could be safely and usefully put. Bob and Bibi recommended a ‘gofundme’ site for their friends Helen and Geoff Glanville - who run an organisation which helps children and families of prisoners - who lost their home in the bushfire in South Australia. As their “gofundme’ site informs us: “Helen and Geoff lost their home in the Adelaide Bush Fires the weekend of the 20th December. They lost their home and everything in it - they escaped with only the clothes they were wearing and their car. Helen, Marion and Mary (Marion and Mary are sponsors of the site) all studied together back in the early 1970’s. For decades now Helen and Geoff have been working with the children of prisoners. As they have cared for others in difficult times in the community, now is an opportunity for us to show our support for them. Please do consider contributing to this GoFundMe campaign as they make plans for the future. Regaining their own home will be part of their goal. All funds will go directly to Helen and Geoff.“ Take a look at the photo on the site of their home. I invite readers to join me in doing what we can to help out the Glanvilles in their very dire situation as per the donation instructions on the site at the link below..
Harold Levy: Publisher: The Charles Smith Blog.
https://www.gofundme.com/f/1ukuje90pc?utm_source=facebook&fbclid=IwAR03WtpqswixHGqSCToqv2KcUa2xXEVSwgFG7gJolvdkDvXa6gXGXem6WVc
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QUOTE OF THE DAY: "Patient advocates say parents still encounter problems, especially in seeking help for children with complex medical issues like hers. “We often hear stories where families are accused of medical child abuse because of a lack of understanding of the disease, and I think that’s in the back of every parent’s mind,”said Kira Mann, the chief executive of MitoAction, a Boston-based advocacy group for patients with mitochondrial disease. The parents say Children’s doctors ignored the conclusions and advice of Justina’s doctors at Tufts Medical Center, where she was receiving treatment for mitochondrial disease. The Pelletiers had taken Justina to Children’s in February 2013 because her primary specialist at Tufts suggested she be seen by her longtime gastroenterologist, who had moved to Children’s. Children’s doctors ran tests but deemed Justina’s perplexing constellation of symptoms — severe gastrointestinal problems, slurred speech, and trouble walking — largely psychological. They said her medical records suggested her physical problems were fueled by her parents, who, they said, exaggerated her symptoms, sought aggressive treatments, and ignored recommendations for mental health services as part of Justina’s care while at Tufts. The Tufts staff in 2011 had filed an allegation of neglect against the parents with the Connecticut child protection agency, but those allegations were later dismissed. The Pelletiers also had run-ins with doctors in Connecticut."
PASSAGE ONE OF THE DAY: "Linda and Louis Pelletier were reunited with their daughter in 2014 after
the lengthy fight in 2013 but have remained largely out of the public
eye since then. They did not return calls about the lawsuit, and their
lawyers declined to comment. But
their court filings state: “Justina has suffered severe and
debilitating psychiatric trauma as a result of being held against her
will in a locked psychiatric ward, isolated from her friends and
families, and enduring several months of treatment in which her physical
symptoms and disease were denied by her primary caregivers.” The
documents also say Justina’s parents suffered “incredible emotional and
financial hardship” while fighting for custody of Justina, spending all
of their savings, and eventually going bankrupt. They are suing for
unspecified damages. The teen’s plight captured national headlines and
attracted an array of vocal supporters,
from conservative Christians and critics of psychotropic drug use to
online activists. Patient advocates say parents still encounter
problems, especially in seeking help for children with complex medical
issues like hers."
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PASSAGE TWO OF THE DAY: "The
Tufts staff in 2011 had filed an allegation of neglect against the
parents with the Connecticut child protection agency, but those
allegations were later dismissed. The Pelletiers also had run-ins with
doctors in Connecticut. At
Children’s, relations between the hospital and the family quickly
devolved, as the Pelletiers demanded Justina see her former specialist
or be allowed to go to another hospital, and Children’s doctors pushed
back, citing concerns for the teen’s safety. They contacted the state
Department of Children and Families to report suspected medical abuse by
her parents. DCF took custody of Justina and had primary responsibility
for her care during the next 16 months. The
Children’s providers who are accused of negligence in the lawsuit are
Dr. Jurriaan Peters, a neurologist; Simona Bujoreanu, a psychologist;
and Dr. Colleen Ryan, a psychiatrist. The
suit also alleges negligence by Dr. Alice Newton, an outspoken
pediatrician and child abuse specialist who has since left Children’s. Newton
has drawn praise from some colleagues, but also withering criticism
from some child advocates for her role in other alleged child abuse
cases. Newton now works at Massachusetts General Hospital. Newton’s
attorney and lawyers for the other doctors also declined to comment."
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PHOTO CAPTION: "Justina Pelletier’s case ignited a firestorm."
GIST: Justina Pelletier was 14
in 2013 when she landed in a locked psychiatric unit at
Boston Children’s Hospital, temporarily a ward of the state. Her
parents stood accused of medical child abuse as they clashed with the
hospital’s doctors over her diagnosis and care. Now,
nearly seven years after their high-profile standoff, the Pelletiers’
malpractice lawsuit against the Children’s providers who treated their
daughter is slated to go on trial Tuesday in Suffolk Superior Court —
pending a late appeal by Children’s to delay the proceedings until a
judge sorts out questions about alleged civil rights violations
involving the hospital.
The Connecticut teen’s yearlong odyssey at Children’s ignited a firestorm about whether medical professionals should override parental rights when there is a dispute over treatment of a complex illness. She
had been rushed to Children’s after receiving treatment at Tufts
Medical Center for mitochondrial disease, a group of rare genetic
disorders that affects how cells produce energy. But the Children’s
doctors determined that Justina’s myriad health problems were largely
psychiatric, and saw her parents’ refusal to cooperate as medical abuse. Pelletier
and her parents are suing the hospital and the providers for allegedly
violating their civil rights by telling them the state was going to take
Justina away if her parents didn’t consent to the doctors’ treatment
plan and by barring them from seeing her. They also allege negligence by
the four providers for treatment decisions that ignored plans put in
place by her doctors at Tufts. Linda and Louis Pelletier were reunited with their daughter in 2014 after the lengthy fight in 2013 but have remained largely out of the public eye since then. They did not return calls about the lawsuit, and their lawyers declined to comment.
But
their court filings state: “Justina has suffered severe and
debilitating psychiatric trauma as a result of being held against her
will in a locked psychiatric ward, isolated from her friends and
families, and enduring several months of treatment in which her physical
symptoms and disease were denied by her primary caregivers.” The
documents also say Justina’s parents suffered “incredible emotional and
financial hardship” while fighting for custody of Justina, spending all
of their savings, and eventually going bankrupt. They are suing for unspecified damages. The teen’s plight captured national headlines and attracted an array of vocal supporters,
from conservative Christians and critics of psychotropic drug use to
online activists. Patient advocates say parents still encounter
problems, especially in seeking help for children with complex medical
issues like hers. “We
often hear stories where families are accused of medical child abuse
because of a lack of understanding of the disease, and I think that’s in
the back of every parent’s mind,”said Kira Mann, the chief executive of MitoAction, a Boston-based advocacy group for patients with mitochondrial disease. The
parents say Children’s doctors ignored the conclusions and advice of
Justina’s doctors at Tufts Medical Center, where she was receiving
treatment for mitochondrial disease. The Pelletiers had taken Justina to
Children’s in February 2013 because her primary specialist at Tufts
suggested she be seen by her longtime gastroenterologist, who had moved
to Children’s. Children’s
doctors ran tests but deemed Justina’s perplexing constellation of
symptoms — severe gastrointestinal problems, slurred speech, and trouble
walking — largely psychological. They said her medical records
suggested her physical problems were fueled by her parents, who, they
said, exaggerated her symptoms, sought aggressive treatments, and
ignored recommendations for mental health services as part of Justina’s
care while at Tufts.
The
Tufts staff in 2011 had filed an allegation of neglect against the
parents with the Connecticut child protection agency, but those
allegations were later dismissed. The Pelletiers also had run-ins with
doctors in Connecticut. At
Children’s, relations between the hospital and the family quickly
devolved, as the Pelletiers demanded Justina see her former specialist
or be allowed to go to another hospital, and Children’s doctors pushed
back, citing concerns for the teen’s safety. They contacted the state
Department of Children and Families to report suspected medical abuse by
her parents. DCF took custody of Justina and had primary responsibility
for her care during the next 16 months. The
Children’s providers who are accused of negligence in the lawsuit are
Dr. Jurriaan Peters, a neurologist; Simona Bujoreanu, a psychologist;
and Dr. Colleen Ryan, a psychiatrist.
The
suit also alleges negligence by Dr. Alice Newton, an outspoken
pediatrician and child abuse specialist who has since left Children’s. Newton
has drawn praise from some colleagues, but also withering criticism
from some child advocates for her role in other alleged child abuse
cases. Newton now works at Massachusetts General Hospital. Newton’s attorney and lawyers for the other doctors also declined to comment. Children’s,
in a statement to the Globe, said that Justina’s clinical team
delivered “high-quality, compassionate care” and acted in good faith.
“We
will vigorously defend the care our clinicians provided and
unequivocally refute the allegations that are being made against them,”
the statement said. The
Department of Children and Families said it has made significant
changes since the battle over Justina’s care and custody, including the
creation of DCF’s first-ever medical unit, with seven pediatric nurses,
29 medical social workers, a part-time child psychiatrist, and a
pediatrician leading that team. The department was criticized by
advocates for not having its own in-house medical team, relying instead on Children’s doctors in deciding to take custody of Justina. A
DCF spokeswoman said the medical unit is consulted by health care
specialists and DCF social workers on medically complex cases, including
investigations about alleged child abuse. Exactly
how common medical child abuse cases are is unclear. They are not
tracked in Massachusetts, according to Maria Mossaides, the state’s
child advocate. But allegations of medical child abuse nationally have
risen in recent years, several medical specialists said. The
Massachusetts Health & Hospital Association said most academic
medical centers have long had “ethics consultation teams’’ that provide
recommendations when a care team needs help in “difficult patient care
management situations,’’ and in instances where the team and family
don’t agree on a plan of care. But
Dr. Stephen Boos, the medical director for the team that handles child
protection cases at Baystate Medical Center in Springfield, said his
hospital is just now contacting others across the country to see how
they handle these complex, emotionally charged situations in hopes of
adapting some approaches for use at Baystate
“What
happens when families come to the conclusion something is wrong, and
maybe that’s contributed to by doctors who give them feedback and
inflame their concerns?” Boos said. “The parent is honestly trying to do
their best, but it’s still possible they could be wrong and it’s
harmful to the child. “It’s a complicated issue in deciding what the truth is,” Boos said, “and managing it.”
https://www.bostonglobe.com/metro/2020/01/12/pelletier/0I2dQrYlZFJ9tNzscaXdAO/story.html?event=event12
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.
Harold Levy: Publisher: The Charles Smith Blog; -----------------------------------------------------------------
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
https://www.providencejournal.com/news/20191210/da-drops-murder-charge-against-taunton-man-who-served-35-years-for-1979-slaying
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