Pelletier family files lawsuit against Boston Children’s Hospital

The family of Justina Pelletier, 17, filed a lawsuit Thursday against Boston Children’s Hospital for its alleged mistreatment of Justina and her parents. Rev. Patrick Mahoney, who acts as a spokesperson for the family, said the misconduct ensued after the hospital took custody of Justina in February 2013.

Boston Children’s released a statement Thursday defending the medical care they provided Justina.

“Boston Children’s Hospital welcomes the opportunity to vigorously defend the medical care it provided to Justina Pelletier,” the statement read. “We are committed to the best interests of our patient’s health and well-being, according to the high standards we follow for every patient placed in our care.”

The hospital declined to make any further comments.

Mahoney said Justina’s parents originally lost custody of her as a result of their alleged abuse and medical mistreatment of the minor.

Mahoney said that prior to Justina’s admittance into Boston Children’s, she was being treated at Tufts Medical Center for mitochondrial disease. Two days after arriving at the Boston Children’s emergency room seeking treatment for a severe flu, the doctors determined Justina was suffering from psychiatric problems and demanded the family change Justina’s treatment plan.

When Justina’s parents declined to change her treatment plan, Boston Children’s filed an abuse charge against the family to the Department of Children and Families, Mahoney said.

The DCF intervened and removed Justina from her family, citing “medical abuse and neglect.” Once the DCF had taken custody of Justina, she was held in a psychiatric ward in Boston Children’s for 18 months, Mahoney said.

“What we have found over the past three years is that this is not an anomaly,” Mahoney said. “We are finding more and more with not only Boston Children’s but around the country that children are being removed from family homes because they disagree with a certain medical decision of a hospital or medical institution and choose another course of action.”

The DCF declined to comment on Justina’s case but provided information regarding how it handles abuse reports. DCF officials said health care providers are required to report any concerns about potential child abuse. Those reports are to be screened within one business day and then investigated.

Justina was released from the custody of Boston Children’s in June 2015. She entered the hospital able to move freely but is now confined to a wheelchair, Mahoney said.

“[Justina’s disabilities] happened because of the neglect, incompetence and abuse of Boston Children’s Hospital,” Mahoney said. “In response to what happened to Justina, the family filed the lawsuit against Boston Children’s Hospital and four of the doctors connected with them last week. The lawsuit is not about revenge or profit. It’s about justice, accountability and to ensure this never happens to another family again.”

Mahoney said Justina has improved since she was released from the custody of the Boston Children’s custody and psychiatric ward.

“Justina is making wonderful progress, but she’s still got a long way to go,” Mahoney said. “She is back at school for the first time. She’s with her parents, free to go to mass if she chooses, free to be with her friends.”

Several Boston residents voiced concerns over how Justina was treated.

Matti Spencer, 63, of Fenway, said she hopes people will learn from this situation and that other children won’t have to suffer the trauma Justina went through.

“Hopefully that will never happen to someone else again,” she said. “Obviously, she has suffered a lot of trauma from this experience. She’s young and hopefully she will recuperate from that and move on with her life. I’m not sure if she’s looking for a monetary gain or what, I just think she doesn’t want that to happen to someone else again.”

Julian Dessler, 25, of Brighton, said he thinks the hospital and the family should maintain separate relationships.

“The hospital should assist, not interfere, [with the family],” he said. “It’s not in [the hospital’s] hands. They should treat what they can do.”

Richard Cooper, 65, of Back Bay, said there should be an extensive investigation when dealing with the custody of a child.

“[Assigning custody of a child] shouldn’t be done arbitrarily,” he said. “That’s basically it. We are a country of laws. Unless there are obvious signs of abuse, the family should be able to maintain parental rights and custody.”