KNOXVILLE, Tn — After reaching an understanding with hospital officials, Alliance Defense Fund attorneys have voluntarily dismissed the lawsuit they filed in November to save the life of nine-month-old
Gabriel Palmer. ADF attorneys acting on behalf of the Palmer family received assurance from the hospital’s attorney that the hospital and family would continue to work toward caring for Baby Gabriel’s medical condition as a transfer is sought to another institution.
“East Tennessee Children’s Hospital did the right thing after our suit was filed and made sure that Baby Gabriel got the treatment he needs to live,” said ADF Legal Counsel Matt Bowman. “Although we continue to disagree about some of the facts of this case, and we oppose any written hospital policy that allows ethics panels to potentially decide that a baby’s stabilizing medical care is ‘futile’ in violation of his parent’s decisions, we are pleased that, going forward, Gabriel’s family and the hospital will cooperate in his care and will seek transfer to another institution.”
Baby Gabriel was born prematurely with genetic abnormalities and a narrow airway, but he flourished when he went home from the hospital in June. His mother, Catherine Palmer, took her son to the ETCH emergency room in October because of breathing problems, but in spite of interventions by the medical staff, the baby has not been able to be weaned off a respirator or medications.
ADF attorneys filed a lawsuit and emergency injunction request on Nov. 23 in
Palmer v. East Tennessee Children’s Hospital Association with the Chancery Court for Knox County. The suit was filed hours before the convening of an “ethics panel” meeting by ETCH pursuant to its written “futile care” policy. The Palmers contended that panel members planned to recommend removal of Gabriel’s care and that the policy authorizes immediate removal of care over a parent’s objection at the decision of such a panel.
At the conclusion of the panel’s meeting after the lawsuit was filed, Gabriel’s care was not withdrawn. The hospital’s attorney later confirmed to ADF attorneys that “ETCH will continue with the same level of care it has provided for G.P. since his admission to ETCH in early October 2009 while Plaintiff seeks a transfer.”
As a result, ADF attorneys dismissed the lawsuit without prejudice, which means that it can be refiled if the Palmers believe it necessary; however, ADF attorneys are confident that the family and the hospital can continue in a cooperative relationship.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
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