Severely disabled Australian teen forced into chemotherapy against family, doctor’s wishes after court ruling

A severely disabled teenager who has up to six seizures a day will be forced to undergo ‘invasive’ cancer treatment despite both her family and doctor’s plea for her to 'die peacefully' at home under palliative care.

A severely disabled Australian teenager who has as many as six seizures a day will be forced to undergo “invasive” cancer treatment despite both her family and doctor’s plea for her to “die peacefully” at home under palliative care.

The 14-year-old, who suffers from both drug-resistant epilepsy and severe developmental delays, was dealt a devastating blow when she was diagnosed with acute lymphoblastic leukaemia earlier this month in New South Wales.

The hospital, which hasn’t been named, sought orders from the NSW Supreme Court to force her to undergo chemotherapy, a highly invasive and often traumatic treatment for cancer.

They sought the orders against the wishes of the parents, where her mother told the court they’d prefer palliative care to avoid the “pain and suffering” of chemo.

“Her [the family’s] wishes are not based on any religious or cultural belief,” the court heard.

“They are derived completely from her love for her daughter and her desire to avoid further suffering to an already medically challenged child.”

The teenage girl has a developmental age of about 16 to 18 months and suffers on average between seven to 10 seizures a week and at times up to six in a single cluster.

The girl’s paediatrician also backed up the family’s stance, telling the court he first treated the patient when she was just 18 weeks old after suffering her first seizure.

He detailed how the disabled teen would likely need to be “shackled down” to receive the chemo treatment and revealed she had already pulled out two cannulas from her arm and removed a nasal gastro tube in previous incidents.

She also had to be forcibly “held in place” for two hours to receive a blood transfusion.

On one occasion it took three nurses, the girl’s stepfather and a doctor to restrain the girl for treatment in hospital.

“The mother has always acted courageously and strongly advocated in [the patient’s] best interests for many years and for of all the time I have known [the patient] and the mother,” the paediatrician said in court.

“I agree with the mother’s opinion that [the patient] would not manage the painful procedures associated with chemotherapy.”

Given her diagnosis, the paediatrician said she would potentially need further “extremely invasive” treatments like a bone marrow transplantation.

“I therefore support and agree with the mother’s decision that it is not in [the patient’s] best interests to attempt curative chemotherapy as I have no doubt that she will not tolerate that intrusive intervention,” the doctor said.

Despite this, Justice Michael Elkaim SC ruled in favour of the hospital.

The judge said while treatment would be difficult, it “does not mean it should not be undertaken” and that “not making the orders is effectively a death sentence”.

He estimated that without treatment the 14-year-old would likely die within four weeks.

The judge added that leukaemia is capable of being dealt with and despite the complications of the patient, those would have remained there without the cancer diagnosis.

Treatment is set to start today.

“The court declares, until further order, that the staff, employed or contracted to [the hospital] may lawfully provide the medical, nursing and other supportive treatment to [the patient] in treatment of her acute lymphoblastic leukaemia,” Justice Elkaim ruled.

“The court notes that the hospital staff will engage with [the patient’s] parents to ensure they are consulted throughout the treatment.”

The matter will go back to court on June 14 to monitor the girl’s progress.