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Doctors defend actions in youth's cancer case
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

State officials and physicians on Friday denied they violated a Sandy couple's constitutional right to decide the best course of medical treatment for their son, who had been diagnosed with a rare form of cancer.

Instead, they said, they merely were trying to get potentially life-saving treatment for 12-year-old Parker Jensen.

The assertions came in briefs filed by defendants in a civil lawsuit brought by Daren and Barbara Jensen, who rejected recommendations that Parker undergo chemotherapy.

The defendants are asking U.S. District Judge Ted Stewart to make a pretrial finding in their favor and dismiss the claims against them.

The Jensens questioned the diagnosis in 2003 that their son had Ewing's sarcoma and said they were concerned about subjecting him to dangerous chemotherapy without being certain of his condition.

But a brief by lawyers for physicians Lars Wagner and Karen Albritton claims the best course of treatment was clear.

"It is undisputed that the failure to quickly treat Parker with the standard chemotherapy significantly decreased his chance to survive the disease," according to the brief.

The brief adds that Daren Jensen's belief that Wagner would knowingly administer chemotherapy to a child as part of a clinical trial to boost his reputation or gain a financial advantage is "offensive."

The Jensens' resistance to chemotherapy led to a medical neglect complaint being filed against them soon after Parker was diagnosed and a judge ordering the state to take custody of the boy.

State officials eventually abandoned the fight to force the boy into chemotherapy and the judge dismissed the case, citing the boy's resistance.

He also sharply criticized the Jensens for the way they dealt with the state and medical community and said they were "ill-advised" in rejecting chemotherapy.

The parents, however, stuck to their stance that their rights had been violated and filed suit in 2005.

Claims against the state of Utah and two doctors have been thrown out. Remaining as defendants are Wagner, an Intermountain Healthcare physician; Albritton, a University of Utah physician; Richard Anderson, then-director of the Division of Child and Family Services; Kari Cunningham, a DCFS social worker; and Susan Eisenman, an assistant Utah attorney general.

In Anderson's brief, his lawyers write that the director expended great effort to work out an agreement with the Jensens and "acted professionally and reasonably to save the life of a child for which he had been granted stewardship."

And Cunningham, who helped handle the case for DCFS, said she acted on the facts she had at the time - facts that were enough for her to have a reasonable suspicion that Parker would die without treatment.

Lawyer Karra Porter, who represents the Jensens, disputed that the defendants acted reasonably.

"Once again, they appear to be telling only half the story to the court," she said of the briefs filed Friday.

pmanson@sltrib.com

Boy's parents took on the medical establishment

Barbara and Daren Jensen of Sandy were threatened in 2003 with losing custody of their then-12-year-old son after they refused to force him to undergo chemotherapy. Parker was diagnosed with Ewing's sarcoma, a rare form of cancer, after a small tumor was removed from under his tongue. After his parents questioned the diagnosis and refused chemotherapy, Primary Children's Medical Center filed a medical neglect claim with the Division of Child and Family Services. The agency received a court order to take custody of Parker, but dropped its efforts to make the boy undergo chemotherapy several months later.

The Jensens, who had briefly removed Parker from the state, pleaded guilty to a misdemeanor custodial interference charge and in exchange, felony kidnapping charges were dropped.

Those convictions were eventually wiped off their records.

The pair sued state officials and doctors in 2005, saying they violated their constitutional right to decide what was best for their child. The lawsuit, which seeks unspecified monetary damages, is scheduled to go to trial in February 2009.

The Jensens' lawyer said Friday that Parker, now 17, is healthy with no sign of cancer.

They had strongly advocated getting chemotherapy for Parker Jensen, then 12
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