Everything We Wanted To Ever Have…
On Thursday, Abraham Cherrix ’s court appeal began over his fight for self-determination in cancer treatment. It ended almost as soon as they got into the courtroom.
The Cherrix’s were appealing the Juvenile Court’s previous rulings that:
· the parents were neglectful for allowing him to use the alternative therapy,
· the parents must share custody with social services,
· the parents must give written consent to the hospital care, and
· that Abraham must undergo radiation and chemotherapy at the hospital.
The appeal, scheduled for two days in the Circuit Court, was cut short when Judge Glen A. Tyler announced both sides agreed to a consent decree he approved of.
The decree is unquestionably lopsided in Abraham’s favor. As previously detailed in ‘Behind the Scenes, the Cherrix Case’, the lower court had gone too far (way too far!) in its decision.
At the appeal, Judge Tyler said the original oncologist and Department of Social Services were nice people with good intentions. Then he detailed the decree overturning everything the Department of Social Services had argued for and the lower court had ordered.
Formerly, Judge Demps found parents Jay and Rose Cherrix neglectful for risking Abraham’s health.
Judge Tyler overruled. No ‘if’s, ‘and’s, or ‘but’s. Tyler emphasized —several times— there was no neglect at all on the parents’ part.
Judge Demps had required Cherrix’s to share custody of their son with the Accomack County Department of Social Services.
Judge Tyler overruled: Jay and Rose Cherrix are the sole and full legal custodians of their son; and the Department of Social Services has no jurisdiction in the case.
Judge Demps had ordered the “parents must also give written consent to the hospital care.”
Judge Tyler overruled, the type of care isn’t mandated. [Not that it's legal to force a “consent” from people anyway.]
Formerly, Judge Demps ruled Abraham “must report to a hospital …. for testing, evaluation and treatment.”
Judge Tyler overruled. Abraham must be treated by an oncologist of his choice —any oncologist— only requiring they be board-certified in radiation therapy and interested in alternative treatments. The family has to update the (Circuit) Court on his treatment and condition every three months until he is cured or turns 18.
Abraham has chosen to become a patient of Mississippi oncologist Dr. Arnold Smith at the North Central Mississippi Regional Cancer Center, who combines immunotherapy and targeted radiation. Dr. Smith has already examined Abraham and believes there’s a good possibility of cure.
“It’s all over. It’s everything we fought for, everything we wanted to ever have, we’ve won. We got our freedom back.” —Abraham Cherrix
At the end of his decree, the judge said to Abraham, “God bless you, Mr. Cherrix.” Yes, may God continue to bless you Abraham, as He has blessed you through the acts of Judge Tyler.