Hauser: Judge denies motion to dismiss

By Dan Linehan
Free Press Staff Writer

NEW ULM June 24, 2009 12:10 am

— A 13-year-old Sleepy Eye boy with cancer still needs the court’s protection as he continues receiving chemotherapy, Brown County District Judge John Rodenberg ruled Tuesday.
Barbara J. Gislason, an attorney for Daniel Hauser’s parents, Anthony and Colleen Hauser, asked the judge to drop Brown County’s petition because the family is complying with a May 26 court order requiring medical treatment, including chemotherapy.
Daniel Hauser’s parents remain scared of the chemicals, she said.
“Each time he gets chemotherapy, they’re afraid that he will die, right that day,” said Gislason of Fridley. She replaced Mankato attorney Calvin Johnson on June 12.
Hauser’s next dose of chemotherapy was scheduled for 8:30 a.m. today.
A hearing was held Tuesday in New Ulm to scrutinize Daniel Hauser’s adherence to his medical plan.
He was visibly thinner and his mother said he’d lost between 10 and 15 pounds. His symptoms include nausea, fatigue and loss of appetite, according to a doctor’s report filed with the court.
Dr. Bruce Bostrom, a cancer specialist in Children’s Hospital in Minneapolis who first diagnosed Hauser in January, wrote in a letter to Brown County that the family has been “very cooperative in the care of Daniel.”
And given that Hauser’s tumor is shrinking and not resistant to the chemotherapy drugs, Bostrom wrote he believes the boy has an “excellent” chance of being cured.
Hauser received a second round of chemotherapy on May 28 and June 4, he wrote. The drug procarbazine was removed from the regimen to reduce the risk of secondary cancer and infertility, both of which were brought up during the trial as reasons to avoid chemotherapy.
Bostrom also wrote that Hauser was not taking prednisone, an oral steroid. Gislason said the boy would vomit upon taking the three-pill dose, and had lowered it to one pill in order to keep it down.
Hauser was at the courthouse Tuesday but did not attend the hearing.
Philip Elbert, a court-appointed attorney who represents Hauser, said his client does not believe he still needs the court’s protection.
“It does appear that substantial compliance to the case plan has occurred,” Elbert told the judge.
And while Hauser does not want to undergo chemotherapy, he’ll do it if the court tells him to, Elbert said.
Hauser continues to supplement the chemicals with organic food and dozens of supplements. An exhibit filed with the court lists 36 supplements and vitamins Hauser is taking, including Extra Strength Olive Leaf Extract, raw honey, fish oil, ionized water and coconut oil.
He also had one acupuncture session and a massage, which helped a little, Gislason said. The family continues to seek a “credible expert to advance another kind of treatment,” she said.
Much of the hearing focused on Gislason’s motion to dismiss the case, which was opposed by Brown County and attorneys for the court-appointed guardian ad litem.
“What’s most scary about relief (granting the motion) is that they wouldn’t continue chemotherapy ...” said Brandon Vaughn, an attorney at Robins, Kaplan, Miller & Ciresi, a Minneapolis law firm representing the guardian for free.
Brown County Attorney James Olson agreed.
“They’ll reconsider after one dose and we’re going to be back in court on a new CHIPS (child in need of protective services) petition,” he said. “They’re not going to comply unless they have a hammer over their head.”
Hauser was diagnosed with Hodgkin’s lymphoma Jan. 23 and received what was to be the first of six rounds of chemotherapy Feb. 5. But he didn’t return for a March session, and Brown County filed the child neglect petition. On May 14, Rodenberg ruled neglect had occurred. At one point Colleen Hauser fled with her son to avoid chemotherapy treatments.
Another update hearing was scheduled for 3 p.m. July 21.

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