Amish Family Speaks Out on Fleeing the U.S. to Save Daughter from Court-Mandated Chemo

“Amish vs. the Courts: Family Speaks Out on Fleeing the
U.S. to Save Daughter from Court-Mandated Chemo,” written and
produced by Tracy Oppenheimer.

About 6 minutes. Original release date was March 11, 2014 and
original writeup is below.

Disclaimer: Amish law precludes formal interview settings,
but the Hershbergers spoke with Reason TV at length about Sarah’s
case and allowed us to record them.

For nearly a year, 11-year-old Sarah Hershberger has
simultaneously been battling cancer and a court case. Last
April, she was diagnosed with lymphoblastic lymphoma, a rare
cancer. Her doctor encouraged her to immediately start
chemotherapy, and she quickly began her first treatment.

The side effects took their toll, and the Hershbergers feared
for Sarah’s well-being. They decided to discontinue
treatment. ”[The chemotherapy] was really good, but stopping
at that point was the best investment we did,” says Andy
Hershberger, Sarah’s father.

“We were pretty sure we were going to lose her if we kept doing
the chemo,” says Anna Hershberger, Sarah’s mother. The Hershbergers
wanted to pursue a more natural treatment, then return to the
chemotherapy if necessary.

Akron Children’s Hospital was not open to discussing alternative
or supplemental treatments, and officials there expressed concern
that Sarah would die if she discontinued treatment. The hospital
eventually went on the offensive.

“Akron Children’s Hospital originally tried to have Sarah
Hershberger taken away from her parents and Medina County Children
Services flat out refused to do that. They said these parents are
suitable parents, they are high quality parents, they’re loving
parents,” says the Hershbergers’ attorney and director of
the 1851 Center for
Constitutional Law, Maurice
Thompson.

The hospital continued to push the issue all the way to an
appellate court, arguing that “a finding of parental ‘suitability’
does not end a probate court’s inquiry. Parental rights, even if
based upon firm belief and honest convictions can be limited in
order to protect the ‘best interests’ of the child.”

The appellate court sided with the hospital and
appointed a legal guardian to make medical decisions for Sarah. The
Hershbergers feared that the guardian would force Sarah back into
chemotherapy, so they fled the country.

“We were in Mexico three weeks,” says Sarah’s uncle, Isaac
Hershberger. “We had to leave because if we stayed in the U.S., any
hospital in the U.S. would report right back to Akron
Children’s”.

The Hershbergers didn’t provide specifics about Sarah’s
“alternative” treatment, but she seems to be doing well. She may be
feeling better because of the first chemotherapy treatment, or the
alternative treatment, or a combination. We don’t know what Sarah’s
future holds, but Thompson says that because the family is more
than suitable, Sarah’s treatment should be left entirely to their
discretion.

“Having a free society means that people need to be free to take
risks, including risks with their family when they are suitable and
loving parents who will take those risks out of a position of love
and belief,” says Thompson. “It’s one thing for society,
government, for experts to overrule parents who are abusive, or who
are neglectful or who perhaps lack the capacity to properly care
for their children, and it’s imperative to emphasize that none of
those are the case here.”

“If we could just be left alone, that’s what we’re asking for,”
says Isaac Hershberger.

It appears that this request will be fulfilled. The appellate
judge recently accepted the guardian’s resignation, and it looks
like the Hershbergers will not have to continue this court battle.
If they do, Thompson is ready to fight the “best interest of the
child” standard all the way to the Supreme Court.

“Whether it’s the right to refuse unwanted forced medical
treatment, or whether it’s the fundamental right that guarantees
you to raise and bring up your child in terms of their education
and their health care in the way that you see fit as a parent, it’s
pretty clear that the Hershbergers have strong constitutional
rights that are at stake here. And that’s really what we’re
protecting,” Thompson says.

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