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Updated: Friday, 11 Nov 2011, 7:24 PM EST
Published : Friday, 11 Nov 2011, 5:59 PM EST
GRAND RAPIDS, Mich. (WOOD) - To say Jacob Stieler's been through a lot is an understatement of great proportions.
Diagnosed with Ewing's sarcoma, a rare form of cancer last spring, the 10-year-old Marquette County boy went through three months of chemotherapy at Helen DeVos Children's Hospital in Grand Rapids.
It was a rough time.
"He was sick, he was nauseous, and he was extremely depressed," said Erin Steiler, Jacob's mother. "He told me numerous times that he wished he'd fall asleep and never wake up."
So when two bone scans revealed no signs of the cancers that had wrapped around his spinal cord, his parents made a decision to stop his treatments.
But that decision is sending his parents to court.
After officials at Helen DeVos Children's Hospital notified Child Protective Services of the Stieler's decision, the state launched an investigation.
The Stieler's now face a Medical Neglect charge, which is a charge usually reserved for more blatant cases.
"These charges most often occur with parents who never take their child to the doctor, fail to provide their child with vaccinations for school, or don't treat existing conditions," said Sherry Batzer, a professor at Cooley Law School in Grand Rapids.
The Stieler's said they aren't using religion as a reason, but rather they just don't want Jacob to suffer.
This is another fact that makes this case unique.The law prohibits charges against parents in cases involving religious beliefs; however, the court can step in and order treatment.
"I can't see criminal prosecution being a likelihood because the objective here appears to simply resume the child's radiation and chemotherapy," said Batzer, who believes the case will come down to a battle of experts.
In court records, doctors at Helen DeVos Children's Hospital backed up by experts at the University of Michigan Children's Hospital said without more chemo and radiation, Jacob's cancer will "come back with a vengance."
But if you Google Ewing's sarcoma you'll find a plethora of opinions on treatments and prognosis.
"If this were a situation where it appeared that the child was terminally ill, there's a possibility that would change the court's view on whether or not the child should receive medical treatment," said Batzer.
The Stieler's are due in court early December.
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