Below The Beltway

The case of Abraham Cherrix, the 16 year-old cancer patient that is the subject of a fight with the Commonwealth of Virginia, is back in the news again because his case is headed back to court his week:

(Court TV) — In Virginia, age 16 is old enough to drive a car, work a 40-hour week, stand trial in adult court, and marry.

Whether 16 is old enough to reject traditional cancer treatment is at the heart of a trial slated to begin next week on the Eastern Shore town of Accomac.

Starchild Abraham Cherrix, a 16-year-old suffering from Hodgkin’s disease, has refused chemotherapy and radiation treatments ordered by his oncologist in favor of an herbal remedy prescribed by a Mexican clinic.

If Abraham, as he is known, were two years older, the decision would be his alone and no court could challenge his choice, no matter how medically unorthodox. But because he is a minor, social services authorities have intervened.

In the proceeding that begins in Accomack County Circuit Court on August 16, government lawyers will accuse his parents, who support Abraham’s herbal treatment, of medical neglect for not ensuring their son receives chemotherapy and radiation. If they are successful, the judge is likely to give partial custody to the state and order Abraham into a hospital for treatment.

The issues, in other words, are the same as the were when I wrote about this case last month; does the state have the right to force anyone, even a minor, to undergo an admittedly dangerous medical procedure ? And, does it have the right to intervene in what is clearly a difficult family decision ?

For me, the answer is clearly no. Unfortunately, given the state of the law, it is quite likely that the judge will rule the other way. If he does, the question is what happens next:

Caplan, the University of Pennsylvania bioethicist, said it seems likely the judge will order Abraham back to the hospital for chemotherapy and radiation, but said “the reality-check question” is whether a tall 16-year-old can be made to cooperate.

“Are they going to shackle him? There is a physical reality that has to be grappled with here,” he said.

Jay Cherrix echoed that skepticism. He said that while his family would comply with the order of the court, he has trouble imagining a doctor violating his son’s wishes.

“I personally don’t think there is a Dr. Mengele in the United States who would pump this stuff into a 16-year-old who didn’t want that. I personally don’t think we’ve reached that point in our civilization,” he said.

Whatever happens in Circuit Court, I doubt this case will be over.

Previous Posts:

The Nanny State vs. The Family
Judge Holds Teen With Cancer In Limbo
The Nanny State vs. The Family Part II
Its D-Day For Abraham Cherrix
Abraham Cherrix Gets A Reprieve