Teen Mom Fights Do-Not-Resuscitate Order Imposed By State On Brain-Damaged Daughter
A teen mom, who originally agreed to a do-not-resuscitate order imposed by child welfare officials on her brain-damaged daughter, is now fighting to reverse the judge-approved order. Maine's supreme court will hear arguments later this month, The Associated Press reported. Welfare officials claim life-saving measures will only prolong the child’s suffering, while Virginia Trask, 18, argues she, the mother, should be responsible for her child’s medical decisions.
Aleah was just 6 months old in December when her father, Kevin Peaslee, 22, violently shook her while her mother was at work, according to the prosecutors responsible for charging Peaslee with aggravated assault. The infant stopped breathing and the oxygen starvation combined with the injuries she sustained left Aleah a spastic quadriplegic who cannot see or hear. As outlined in the state’s legal brief, her high-pitched "neurological cry" suggests she's in pain and a feeding tube is required, as she cannot suck or swallow.
"She's just miserable," her foster mother told state’s attorney. Based on the baby’s condition, child welfare officials believe the do-not-resuscitate (DNR) order is appropriate, according to court filings. A DNR order instructs medical staff not to try to revive a patient if breathing or heartbeat has stopped and includes initiation of all emergency procedures.
Although Trask first agreed with state officials, she changed her mind about the DNR order after her baby, Aleah Peaslee, was removed from life support and the unexpected happened. Placed in her mother’s arms to die, the infant opened her eyes and began to breathe. In fact, the child, who is only temporarily in state’s custody, as Trask never officially terminated her parental rights, continued to live long after the breathing tube was removed.
Paul LePage, Maine’s governor, vowed to defy a state Supreme Court court ruling if necessary. “Unless a parent is deemed unfit and parental rights are severed, the state should not override a parent’s right to make medical decisions for their own child,” LePage told Fox News. The Roman Catholic Diocese of Maine and Christian Civic League of Maine are also in support of Trask. The deeply disturbing and unusual case might set a legal precedent, according to Dr. Art Caplan, director of the division of medical ethics at NYU Langone Medical Center. "It could set some precedent with regards to medical authority," Caplan told AP.
Maine’s supreme court has invited interested parties to submit briefs on the issue. The court must rule whether a judge correctly gave the state authority to overrule the baby’s mother’s wishes. Maine's Department of Health and Human Services has outlined procedures for DNR orders when a child is in the legal custody of the department, such as when a child is in foster care.