An Ohio appeals court has blocked the Akron Children's Hospital from obtaining limited guardianship of a 10-year-old Amish cancer patient suffering from leukemia.
Judge John Lohn of the 5th District Court of Appeals is the second official to rule in favor of Sarah Hershberger's family, which the court has deemed fit parents who understand how severity of their daughter's illness, The Medina Gazette reports.
A court ruled "limited guardianship" would have allowed the hospital to continue Sarah's chemotherapy. Sarah's parents, Andy and Anna Hershberger, reportedly stopped their daughter's treatments because of the pain and harsh side effects she experienced.
A spokeswoman said the children's hospital is "disappointed" in the ruling.
"We believe this case is about children's rights and giving a 10-year-old girl an 85 percent chance of survival with treatment," the spokeswoman told the Gazette. "We stand by our doctors, who care deeply about their patients and fully embrace the principles of family-centered care, which includes making sure parents know and understand the risks and benefits of treatment."
The lawsuit filed by the hospital requested Maria Schimer, hospital attorney and nurse, be given the right to make medical decisions on behalf of Sarah.
The judge took many things into consideration, including the media coverage of Sarah's case, suggesting that if her granted the hospital limited guardianship, reporters would monitor her progress which would "utterly destroy" the family's "right to a quiet, dignified life," according to the Gazette.
Lohn also acknowledged chemotherapy wasn't a cure for Sarah's cancer, and continue her treatment many be at the risk of getting permanent side effects.
"Chemotherapy will cause Sarah pain, abject suffering and incapacitation," Lohn wrote in court documents. "Even if the treatments are successful, there is a good chance Sarah will become infertile and have other serious health risks for the rest of her life."
The judge added the parents stated they do not trust the hospital, and believes they were misinformed the side effects Sarah was battling during treatment, the Gazette reports.
"Sarah says her doctors should be put in jail," Lohn wrote.
