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Alliance Defense Fund Lawsuit Spares Baby’s Life


By JOE MURRAY, The Bulletin
Saturday, November 28, 2009
After a lawsuit was filed and attorneys sought an emergency restraining order, an East Tennessee hospital agreed to continue providing Baby Gabriel medical treatment; thus saving his life.

Despite being nine-months old, Gabriel Palmer has not had an easy life. Born prematurely with a genetic abnormality, club foot, and narrow airway, Baby Gabriel defied the odds and flourished after he was released from the hospital.

Baby Gabriel’s parents reported their child grew and played while receiving regular physical therapy and doctor check-ups. But, only after Baby Gabriel experienced breathing problems in October — forcing his parents to take him to East Tennessee Children’s Hospital (ETCH)– did he face the greatest danger of his life.

Because Baby Gabriel’s breathing problems occurred over the weekend, his regular doctors were unavailable. This, in turn, caused his parents to seek the medical help of ETCH. This, according to the lawsuit, did not occur.


After being treated by ETCH staff, Baby Gabriel’s condition worsened and he was forced onto a respirator. The child, nonetheless, remained in stable condition.

Despite improvements, ETCH officials decided to abandon Baby Gabriel. They opted to remove his feeding tube and take him off his respirator. This occurred despite the objections of Baby Gabriel’s mother.

“A disability should not be a death sentence. No one should be allowed to decide that an innocent life is not worth saving,” said Alliance Defense Fund (ADF) Legal Counsel Matt Bowman. ADF filed the lawsuit and emergency measure to save Baby Gabriel.

“Doctors at East Tennessee Children’s Hospital need to do the right thing and make sure Baby Gabriel gets the treatment he needs to live. He is loved by his mother, is in stable condition, and could live for a long time. The hospital’s treatment--or lack thereof--of this helpless little boy is simply inhuman.”

As it stands now, ETCH, in wake of the lawsuit, changed its decision and will provide medical care to Baby Gabriel. It is reported ADF withdrew its motion for an emergency hearing, scheduled for Nov. 30, but will keep its lawsuit current until a written agreement is reached between all parties.

Joe Murray can be reached at jmurray@thebulletin.us





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