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Thread: Teenage mother Virgina Trask fighting dnr for her daughter

  1. #1
    Moderator puzzld's Avatar
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    Teenage mother Virgina Trask fighting dnr for her daughter

    A teenage mother is fighting a do-not-resuscitate order imposed over her objections on her brain-damaged daughter, saying she should be responsible for medical decisions. Child welfare officials who intervened after the baby was severely injured say life-saving measures in the event she stops breathing would only prolong her suffering.

    The mother, Virginia Trask, originally agreed to the do-not-resuscitate order. At one point, the infant was removed from life support and placed in her arms to die, then opened her eyes and began breathing.

    The Roman Catholic Diocese of Maine and Christian Civic League of Maine are joining the Alliance Defending Freedom, an Arizona-based conservative legal group, in supporting the 18-year-old mother's request to lift the judge-approved order.

    "Everyone deserves a fighting chance to live," said Steve Aden, from the Alliance Defending Freedom, which filed a friend-of-the-court brief. "All she's doing is fighting for her baby."

    Maine's supreme court will hear arguments later this month.

    The case is unusual. Art Caplan, director of the division of medical ethics at NYU Langone Medical Center, said he'd never heard of a similar case in which a do-not-resuscitate order was imposed against a mother's wishes.

    "It could set some precedent for setting parental rights in some pretty horrible circumstances," he said. "It could set some precedent with regards to medical authority."

    Aleah Peaslee was 6 months old in December when she was shaken by her father while the youngster's mother was at work, prosecutors say. The girl, now in foster care, suffered profound injuries that have left her a spastic quadriplegic who cannot see or hear and who relies on a feeding tube for nutrition.

    She will never advance beyond an "an early infantile level," cannot suck or swallow and exhibits a high-pitched "neurological cry" that she suggests she's in pain, the state said in a legal brief. Her brain injuries are so severe that she'll suffer a premature death, state attorneys said. Her foster mother observed, "She's just miserable."

    The father, Kevin Peaslee, 22, is due to stand trial in October on charges of aggravated assault.

    State child welfare officials believe the do-not-resuscitate order is appropriate, given the extent of the injuries to the girl, who stopped breathing and suffered from oxygen starvation after being violently shaken, according to court filings. If she stops breathing, life-saving procedures would only increase the severe pain she's already experiencing, state officials contend.

    Trask believes the do-not-resuscitate order amounts to a wrongful termination of her parental rights. She is fighting to make medical decisions for her daughter.

    Scott Hess, Trask's attorney, said the case involves "a very important legal issue for all parents."

    "My client is very brave for standing up for her rights and those of her child," Hess said.

    However, a state judge who gave child welfare officials authority to make medical decisions doesn't put as much stock in the judgment of either parent and noted that the mother has visited her daughter "only a handful of times." The judge found that "neither parent can be counted on to be physically or emotionally available to make the necessary informed decision when needed."

    The judge said also noted a potential conflict of interest regarding the father, who is no longer involved in the decision-making. Charges against him could be upgraded to manslaughter or even murder if Aleah dies, and the mother previously expressed an interest with reuniting with him, court documents indicated.
    http://news.msn.com/us/maine-mom-fig...citation-order
    Dad:
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  2. #2
    Scoopski Potatoes Nic B's Avatar
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    Very sad. But she needs to say her goodbyes and let her daughter pass away. Sounds to me like the baby is in a lot of pain and she shouldn't continue to suffer.


    Quote Originally Posted by marakisses View Post
    yes i said i will leave it under you storage he said cuddle with me i said shut up it over??? what am i doing wrong??
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    Happy Birthday! I hid a dead body in your backyard to celebrate. Good luck finding it under the cement. You can only use a stick to look for it.

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    Scoopski Potatoes Nic B's Avatar
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    Should've read the whole thing before posting. The mom has only seen the baby a handful of times, AND wants to get back with the bastard who did this to their child? Yeah, she doesn't deserve to make decisions on the baby's behalf.


    Quote Originally Posted by marakisses View Post
    yes i said i will leave it under you storage he said cuddle with me i said shut up it over??? what am i doing wrong??
    Quote Originally Posted by curiouscat View Post
    Happy Birthday! I hid a dead body in your backyard to celebrate. Good luck finding it under the cement. You can only use a stick to look for it.

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    Senior Member Feetprints's Avatar
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    Quote Originally Posted by Nic B View Post
    Should've read the whole thing before posting. The mom has only seen the baby a handful of times, AND wants to get back with the bastard who did this to their child? Yeah, she doesn't deserve to make decisions on the baby's behalf.
    Seems like he could be pushing her to do it, maybe to avoid a murder charge when the baby dies?
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  5. #5
    Senior Member animosity's Avatar
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    these people are assholes. except for the foster mom. she's alright.
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  6. #6
    Senior Member TheFavoriteDaughter's Avatar
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    I'm curious as to why anyone has thrown their support behind her since she's pretty much a piece of shit.

  7. #7
    Moderator bowieluva's Avatar
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    I don't think the teen understands what it would be like to raise a child with so many health issues. All she's thinking is 'I held her and she breathed on her own!'

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    Senior Member hamdinger125's Avatar
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    Quote Originally Posted by Nic B View Post
    Should've read the whole thing before posting. The mom has only seen the baby a handful of times, AND wants to get back with the bastard who did this to their child? Yeah, she doesn't deserve to make decisions on the baby's behalf.
    Yeah...I'm usually very much for parents' rights over the rights of the state, but the mom seems really sketchy. Plus, she originally agreed to the DNR.

  9. #9
    What do you care? Boston Babe 73's Avatar
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    I'm convinced her decision has nothing to do with the child and everything to do with the guy. Which is what probably also contributed to how the child ended up in this state in the first place. I'm with TFD. She's a piece of shit.
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  10. #10
    Senior Member blighted star's Avatar
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    http://www.centralmaine.com/2014/09/...fant-dnr-case/

    The Maine Supreme Judicial Court has dismissed a case revolving around a court order not to revive a badly injured Augusta infant after the LePage administration said it would not enforce the do-not-resuscitate order, to which the child’s mother objected.

    The case was “dismissed as moot” on Thursday, according to a court clerk. The mother, Virginia Trask, of Augusta, had agreed to a do-not-resuscitate order in late December, but changed her mind after the infant unexpectedly was able to breathe on her own after being taken off life support at Maine Medical Center in Portland.


    Kevin Peaslee is charged with aggravated assault stemming from the injuries to his daughter, Aleah, 1. The Maine Supreme Judicial Court dismissed a case involving a do not resuscitate order for the infant after both the state Department of Health and Human Services and Gov. Paul LePage agreed the mother should be able to make such decisions. File photo

    Still, the baby is in dire condition, according to court documents.

    The baby’s father, Kevin M. Peaslee, 22, is charged with aggravated assault and has pleaded not guilty in connection with violently shaking Aleah Peaslee, now 1. Aleah is in the care of a foster family, although her 18-year-old mother, Trask, retains parental rights.

    Aleah is a “spastic quadriplegic,” has “suffered devastating neurological injuries” and “is unable to suck or swallow,” the documents say. She “exhibits a high-pitched ‘neurological cry’ 80-85 percent of the time” and appears to be uncomfortable or in pain during most of her time awake.

    After the mother rescinded her approval of plans not to resuscitate the infant, the Maine Department of Health and Human Services pursued and was granted the order on April 24 by Augusta District Court. Trask appealed, and the case appeared to be headed to the Maine Supreme Judicial Court for a Sept. 23 hearing.

    However, on Sept. 5, after the case made national news, Gov. Paul LePage and Health and Human Services Commissioner Mary Mayhew said they agreed with Trask that the mother should be able to make do-not-resuscitate decisions, overruling previous efforts by Mayhew’s office and the Maine attorney general’s office.

    LePage said he could not support a law that “violates the sanctity of parental rights.” With both sides now on the same side of the legal argument, the Maine Supreme Judicial Court dismissed the case.

    Scott Hess, Trask’s attorney, wrote in an email that, even though the administration has sided with his client, “it is disappointing that the mother will not have the opportunity to have the case decided on the legal merits. But we of course respect the decision by the” Maine Supreme Judicial Court.

    Timothy Feeley, a spokesman for the Maine attorney general’s office, wrote in an email that the office had no comment because the case was being sent back to Augusta District Court for “further consideration.”

    Because the case was dismissed, Hess said, the original court order usurping Trask’s parental rights technically remains in effect, although Mayhew has said the order would not be enforced. Hess did not respond to a question asking whether he would seek a formal dismissal of the “do not resuscitate” order.

    If Aleah were to need breathing assistance again, Trask may be willing to let the baby die rather than put her back on a respirator, according to court records. However, the filings show Trask is opposed to using extensive pain medication “that would both ease (the baby’s) pain and result in a cascading series of events that would inevitably lead to her death.” The court filings say giving the baby additional pain medication — as recommended by physicians — could prompt a situation in which she would need to be put back on life support.

  11. #11
    Senior Member blighted star's Avatar
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    http://www.centralmaine.com/2014/11/...fant-daughter/



    AUGUSTA ? Kevin M. Peaslee will spend the next seven years behind bars for shaking his infant daughter so violently she is disabled for life.

    The sentence was imposed Friday by Justice Carl O. Bradford in Kennebec County Superior Court.


    Kevin Peaslee listens during his sentencing hearing in Kennebec County Superior Court on the aggravated assault charge on Friday in Augusta. Staff photo by Joe Phelan


    Peaslee, 22, of Windsor pleaded guilty Oct. 9 in Kennebec County Superior Court to the Dec. 21 aggravated assault on Aleah M. Peaslee, who was 6 months old at the time.

    ?It was a horrible mistake that I can?t change no matter how much I wish I could,? Peaslee said. He told the judge he could not explain what he did. ?I?m not a violent person,? Peaslee said.

    ?I was frustrated that day,? Peaslee recalled when he addressed the judge. ?She just had shots the day before, and they always make her extra fussy.?

    Peaslee said he did not pay much attention to a video shown to new parents in the hospital warning against the dangers of shaking a baby when he was there for Aleah?s birth.

    The shaken baby case made national headlines earlier this year because Aleah?s injuries were so severe they prompted the state to seek a do-not-resuscitate order over her mother?s objections. The Maine Supreme Judicial Court later dismissed an appeal of the order after the LePage administration said it would not enforce the do-not-resuscitate order.

    In court on Friday, Peaslee said that if he could talk to his daughter he would tell her she was perfect.

    ?Nothing will change how I feel about her and I want her to know how terribly sorry I am and I hope that one day she will forgive her father,? he said.

    The judge said he was siding with the state in terms of the seven-year initial incarceration.

    Bradford talked about the baby?s injuries, saying, ?Aleah has lost her vision and her hearing, and lost control over the use of her limbs apparently because her brain cannot communicate with her organs.?

    He said the girl is ?a spastic quadriplegic? subject to seizures controlled with medication.

    Bradford read aloud parts of a letter from the Aleah?s caregiver, who the judge said would remain anonymous. ?Aleah?s life was changed forever,? the caregiver wrote. ?Another person?s choice has given her a life sentence.?

    Bradford granted a 48-hour stay of the sentence, and Peaslee is to report to the Kennebec County jail Monday morning. Peaslee has been free on bail since January.

    Under the terms of the sentencing agreement worked out prior to the hearing, Peaslee was sentenced to 10 years in prison, with all but up to an initial seven years suspended and three years? probation. The argument Friday was only about the length of the unsuspended portion. The initial agreement also called for 12 years? probation, but that was changed because three years is the maximum probation available for the offense, according to District Attorney Maeghan Maloney.

    After the sentencing hearing, Maloney said, ?I appreciate the court carefully listening to everything the parties had to say and coming to a fair result that brings as much justice as possible in a case as tragic as this.?

    Aleah?s mother, Virginia Trask, and Kevin Peaslee?s parents all asked the judge to impose a shorter period of initial incarceration. They all came to the hearing with Peaslee, who was dressed in a gray suit with a gray tie.

    Trask read aloud a statement to the judge, saying she loves and supports Peaslee.

    Trask?s description of her daughter contrasted sharply with that presented by the state. The documents in the case, including the sentencing memos, were impounded.

    ?I?ve watched Aleah grow and change over the past 17 months,? Trask said told the judge. ?Aleah is doing really well. She smiles, laughs, kicks her legs, even says ?hi? back.?


    Trask recounted the scene in the hospital when Aleah was removed from the ventilator that was helping her to breathe. Trask said she and Peaslee signed the do-not-resuscitate order and then rescinded it as the baby began to recover.

    ?Every day Aleah?s here is a miracle, and we cherish that,? Trask said. ?This is a family tragedy that happened to us. I love Aleah and at the same time I love Kevin.?

    Trask said Peaslee is ?trying to live with himself through all of this.?

    ?He?s really turned his life around.?

    She said Peaslee acted ?out of frustration, not hate or anger. He panicked, just as many other people have done. He did it because he didn?t know what else to do.?

    She said he hates himself as a result.

    Lawley?s attorney, James Lawley, had recommended an initial three years behind bars sentence and asked that Peaslee serve it at Mountain View Youth Development Center in Charleston.

    At Friday?s hearing Lawley play a brief excerpt from a taped interview of Peaslee responding to a question about what happened.

    ?I shook her because I was just so pissed off ?cause she was soaked,? Peaslee says on the recording. His voice breaks, and he appears to be sobbing as talks of a coma and seizure and his efforts to do CPR. After that, he says, ?I took her in my arms and I drove and I got pulled over,? adding, ?I did shake her and that?s what made her have the seizure.?

    ?This was a young man who just could not cope,? Lawley said.

    Lawley said Peaslee suffered abuse as a child, had undiagnosed development disabilities, an IQ of between 68 and 71, and difficulty finding an outlet for his frustration.

    Lawley said that when Peaslee realized Aleah was seriously hurt, his first thought was ?get Ginny? rather than call for an ambulance, and he was driving the baby to the fast food restaurant where she worked when police pulled him over for failing to stop at a stop sign. An officer saw the baby was in distress and took them to a nearby fire station for medical help.


    After the hearing, Lawley said the sentence would be appealed.

    ?A seven-year sentence will not make Aleah better,? Lawley said, ?but it will do more harm to Kevin and a family who have already been torn apart.?

    Betty Adams ? 621-5631
    Last edited by blighted star; 05-22-2015 at 10:12 AM.

  12. #12
    senior cunt emmieslost's Avatar
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    aaaaaaand this is why i will never work in peds. this shit breaks my heart.

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