Wednesday, May 27, 2009

NEW ULM, Minn. (AP) | The parents of a Minnesota boy who had refused chemotherapy for his cancer told a judge Tuesday they now agree to the medical treatment, and the judge ruled that their son can stay with them.

Daniel Hauser, 13, has Hodgkin’s lymphoma. He and his mother missed a court appearance last week and left the state to avoid chemotherapy and seek alternative treatments. Colleen and Anthony Hauser told a Brown County District judge they now understand their son needs chemotherapy.

When Judge John Rodenberg asked an emotional Mrs. Hauser whether she now believes chemotherapy is necessary to save her son’s life, she replied, “Yes, I do.”

Daniel is scheduled for a round of chemotherapy on Thursday at Children’s Hospital and Clinics of Minnesota.

Daniel and Mrs. Hauser returned to Minnesota Monday after almost a week on the run. Dr. James Joyce evaluated Daniel at the family’s home in Sleepy Eye, and then made an appointment for Daniel to see an oncologist.

That exam showed a tumor in Daniel’s chest is larger than it was when he was diagnosed in January, according to a medical report read in court by Judge Rodenberg. The tumor is pushing against Daniel’s trachea, causing pain that Daniel rated as a 10 on a scale of one to 10.

“The doctor is stating in the strongest possible terms that this course of chemotherapy has to commence and commence soon,” Judge Rodenberg said.

Attorneys for Brown County Family Services and for the guardian ad litemobjected to the judge’s ruling on custody, saying they wanted Daniel to stay in foster care. The judge ruled earlier this month that Daniel would be placed in protective custody if his parents did not abide by a court order to see an oncologist.

James Olson, the Brown County prosecutor, said social workers at Children’s Hospital told them that as recently as Monday, when Daniel saw the oncologist, the Hausers were still saying they didn’t want chemotherapy. “I am concerned that if Danny doesn’t like the second round of chemotherapy he’s going to say, ‘I’m going to run away again,’ and we’re going to be right back where we started,” he said.

Attorneys for the Hausers wanted Daniel to stay with his parents and seven siblings.

“This family clearly loves and cares for Danny,” attorney Tom Hagen said. “The environment at the Hausers’ home is loving and caring. It is a healing place. Their main interest is in making sure Danny is OK.”

Daniel did not appear in the courtroom Tuesday, but his court-appointed attorney, Philip Elbert, spoke on his behalf. He said Daniel has had sufficient time to talk to a doctor and discuss the situation with his parents and Mr. Elbert.

The attorney said Daniel wanted to schedule one chemotherapy session at a time and then be examined before doing the next one. The judge said they had to follow the course of treatment recommended by Children’s Hospital, which back in January was six rounds of chemotherapy, possibly followed by radiation. It’s not clear whether that course of treatment would still apply, given the change in Daniel’s tumor.

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