"Maine mom fights state over no-resuscitation order" by David Sharp | Associated Press September 06, 2014
PORTLAND, Maine — A teenage mother is fighting a do-not-resuscitate order imposed on her brain-damaged daughter, saying she should be responsible for medical decisions. Child welfare officials who intervened after the baby was severely injured say life-saving measures in the event she stops breathing would only prolong her suffering.
The mother, Virginia Trask, originally agreed to the do-not-resuscitate order. At one point, the infant was removed from life support and placed in her arms to die, then opened her eyes and began breathing.
The Roman Catholic Diocese of Maine and Christian Civic League of Maine are joining the Alliance Defending Freedom, a conservative legal group, in supporting the 18-year-old mother’s request to lift the judge-approved order.
‘‘Everyone deserves a fighting chance to live,’’ said Steve Aden of Alliance Defending Freedom, which filed a friend-of-the-court brief. ‘‘All she’s doing is fighting for her baby.’’
When's the movie?
Maine’s Supreme Judicial Court will hear arguments this month.
The case is unusual. Art Caplan, of the division of medical ethics at NYU Langone Medical Center, said he had never heard of another case of a do-not-resuscitate order imposed against a mother’s wishes.
‘‘It could set some precedent for setting parental rights in some pretty horrible circumstances,’’ he said. ‘‘It could set some precedent with regards to medical authority.’’
Yeah, this is a real slippery slope. I know the government is sending kids off to wars based on lies and stuff, but now they just want to start killing kids like the Nazis did?
Aleah Peaslee was 6 months old in December when she was shaken by her father at their Augusta home while the mother was at work, prosecutors said.
Related(?): McCarthy Murder Case
The girl, now in foster care, suffered profound injuries that have left her a spastic quadriplegic who cannot see or hear and who relies on a feeding tube for nutrition.
She will never advance beyond an ‘‘an early infantile level,’’ cannot suck or swallow, and exhibits a high-pitched ‘‘neurological cry’’ that suggests she is in pain, according to court papers. Her brain injuries are so severe that she will suffer a premature death, state attorneys said. Her foster mother observed, ‘‘She’s just miserable.’’
The father, Kevin Peaslee, 22, is set for trial in October on charges of aggravated assault.
State child welfare officials believe the do-not-resuscitate order is appropriate, given the extent of injuries to the girl, who stopped breathing and suffered from oxygen starvation after being violently shaken, according to court filings. If she stops breathing, life-saving procedures would only increase the severe pain she is already experiencing, state officials contend.
Mercy killing, is that what is all is? Doing a favor?
Trask thinks the do-not-resuscitate order amounts to a wrongful termination of her parental rights. She is fighting to make decisions for her child.
I was thinking about that, and the lying, looting state of corporate governance that do mantes at all levels is a much better parent.
Now get into that FEMA camp and shower up!
Scott Hess, Trask’s attorney, said the case involves ‘‘a very important legal issue for all parents. My client is very brave for standing up for her rights and those of her child,’’ he said.
However, a state judge who gave child welfare officials authority to make medical decisions noted that the mother has visited her daughter ‘‘only a handful of times.’’ The judge found that ‘‘neither parent can be counted on to be physically or emotionally available to make the necessary informed decision when needed.’’
The judge noted a potential conflict of interest regarding the father, who is no longer involved in the decision-making. Charges against him could be upgraded to manslaughter or murder if Aleah dies, and the mother previously expressed an interest with reuniting with him, court documents said.
Maybe they need to write "Dear Zelda."
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