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[Note: Justina Pelletier now redirects to one-paragraph summary in article on BCH.]

The Justina Pelletier forced-hospitalization controversy was a dispute between Boston-area physicians regarding the correct medical diagnosis and treatment for Connecticutt teenager Justina Pelletier's illness and a related legal battle for custody of Justina between her parents and the Massachusetts Department of Children and Families (DCF). It received extensive media coverage in the United States during 2013-2014, and it led to the introduction in Congress of legislation aimed at eliminating one of the perceived causes of the incident.

As noted in several news reports, the two sides to the controversy were not equally willing and able to express their opinions and present their respective versions of the facts.cite The medical facilities and physicians involved in Justina's care, as well as the DCF, often refused to answer questions from the press, citing the legal and ethical requirements of patient confidentiality and also a gag order imposed by the judge hearing the case. On the other hand, Justina's parents and their supporters believed that it was very much in her best interest to publicise the details of her case as widely as possible, and that it was their duty to do so even in defiance of the gag order. As a result, the parents' side of the story is accessible from the press and other published sources in much more detail.

Medical background

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At the time the dispute began, in February 2013, Justina Pelletier was 14 years old, and was living with her family in West Hartford, Connecticut. She had been suffering intermittent bouts of serious illness since 2010, and after initially being treated at Connecticut Children's Medical Center, she was referred to Dr. Alejandro F. Flores, a gastrointerologist at Tufts Medical Center.[1][2] Dr. Flores, in turn, referred her to Dr. Mark Korman, who diagnosed her illness as mitochondrial disease. This disease can run in families,[3] and Justina's sister Jessica, who is 10 years older than her, had previously been diagnosed with it, and was also being treated by Dr Korman.[2]

Dr. Korman treated Justina with a combination of medications and nutritional supplements. She was often well enough to live a fairly normal life, and in fact, as several press reports later mentioned, she had performed well in an ice skating competition that took place around the beginning of January, 2013. However, in mid-February she became seriously ill, and Dr. Korman advised her parents that she should be seen by a gastrointerologist as soon as possible. Dr. Flores had recently moved from Tufts to Boston Children's Hospital (BCH), and, as he was already familiar with Justina's case, Dr. Korman referred her there to be seen by him.

Dissenting diagnosis by BCH doctors

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Condition psychiatric mental ailment, not mitochondrial disease ("mito"). Parents do not accept alternative diagnosis; seek to take her back to Tufts.

Medical child abuse report to DCF

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Medical child abuse is defined by a standard text on the subject as taking place "when a child receives unnecessary and harmful or potentially harmful medical care at the instigation of a caregiver."[4] Under Massachusetts law, physicians and some other hospital staff members are "mandated reporters," who must immediately report any suspicion of child abuse to the Department of Children and Families (DCF). Accordingly,...

Medical care while in state custody

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Confinement in locked mental ward. Treatment for mito not continued. Dr Florres not allowed to see Justina. smuggled notes from Justina to parents reporting deteriorating condition. Claim Justina was the subject of a "medical experiment" (see Proposed Legislation, below).

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News media coverage

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Initial reporting ("scoop") by Beau Berman of Fox CT. Two-part feature article by Boston Globe reporters[1][5] + unsigned editorial.[6] National network television (see references). Other national press. International press (London Daily Mail).

Catholic media coverage and church position

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Claim she was not permitted to attend Mass while hospitalised.[7] See also http://www.ncregister.com/daily-news/justina-pelletier-case-is-the-state-protecting-the-child-or-denying-parenta/#

Advocacy groups and social media

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Family Court custody rulings

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March 2014 ruling

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On March 25, 2014, Judge Johnston issued a disposition order[8] granting custody of Justina to the Massachusetts Department of Children and Families, with the parents having a right to

June 2014 ruling

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In wake of outcry, CT state authorities taking responsibility, judge releases her to parents' custody.

Subsequent events

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Interviews

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http://www.foxnews.com/us/2014/06/28/justina-pelletier-says-no-one-should-go-through-her-ordeal/

Proposed legislation

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Bachmann press release. See also Schassler.[9]

Governor's office e-mail release

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"Appalling" CT governor's office emails about case released under FOIA. See Berman, Aug. 2014

Notes

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  1. ^ a b Swidey, Wen & 15 December 2013.
  2. ^ a b ABC News & 10 February 2014.
  3. ^ MDA 2014.
  4. ^ Roesler & Jenny 2008, p. 43.
  5. ^ Swidey, Wen & 16 December 2013.
  6. ^ Link in External Links
  7. ^ Pineo & 9 May 2014.
  8. ^ In re:...
  9. ^ Schassler & 18 July 2014.
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References

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  • Balcells, Christy (23 February 2014). "First, Do No Harm: How We Failed Justina Pelletier and Her Family". Huffington Post. Retrieved 14 September 2014.
  • In Re: Care and Protection of Justina Pelletier (Mass. Juvenile Court Dept., Boston Division 25 March 2014), Text.
  • Roesler, Thomas A.; Jenny, Carole (1 October 2008). Medical Child Abuse: Beyond Munchausen Syndrome by Proxy (1st ed.). Elk Grove Village, IL: American Academy of Pediatrics. ISBN 978-1581101362.
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