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Chrissy And Joe Rivera, Parents Of Disabled Girl Denied A Kidney Narrow Criticism

By KEVIN BEGOS and MATT MOORE   01/18/12 03:37 PM ET   AP

Amelia Rivera

PHILADELPHIA -- The parents of a 3-year-old New Jersey girl who claim she's being denied a kidney transplant because of her mental disabilities said their problems may be with one doctor, and not The Children's Hospital of Philadelphia.

"It's one doctor who's never seen us who is making this call," Joe Rivera told The Associated Press on Wednesday. "We've had a great experience with CHOP. We're not against CHOP, but maybe something needs to be changed. One guy tarnished their reputation."

Rivera, 39, and his wife Chrissy plan to meet with hospital officials next week, amid a growing online furor that has experts warning the situation may be much more complex than many realize. The hospital has not commented on the child's case, citing patient confidentiality laws, but acknowledged the online discussion and said on its Facebook page that "we hear your concerns."

Chrissy Rivera posted a blog entry last week that described an encounter she claimed happened at The Children's Hospital. She and her husband were there to discuss treatment for her daughter, Amelia, who was born with Wolf-Hirschhorn syndrome, a rare genetic defect that can cause physical and mental disabilities. Amelia will need a transplant in six months to a year.

Chrissy Rivera, 36, wrote that a doctor, whom she did not name, told her and her husband that Amelia wouldn't be eligible for a transplant because of her quality of life and her mental condition.

"I put my hand up. `Stop talking for a minute. Did you just say that Amelia shouldn't have the transplant done because she is mentally retarded. I am confused. Did you really just say that?'" she wrote. "I begin to shake. My whole body trembles and he begins to tell me how she will never be able to get on the waiting list because she is mentally retarded."

Joe Rivera said he was left thunderstruck.

"It just felt like that you were punched in the gut," he told the AP. "It was mind blowing how people think these days."

But he said that the experience was not necessarily indicative of the treatment they've gotten from the hospital.

Afterward, Chrissy Rivera, who teaches high school senior English, detailed the exchange on the blog.

Her story was seen by Sunday Stilwell, the mother of two severely autistic boys, and she began an online petition Friday, demanding that the hospital give a transplant to the girl. By Wednesday afternoon, 26,520 people had signed it.

"I read Chrissy's original blog post, and I just cried. I couldn't believe it," said Stilwell, whose boys are 6 and 9. "I shared it on Twitter with all my followers and on Facebook."

Children's Hospital said in a statement that it "does not disqualify potential transplant candidates on the basis of intellectual abilities."

"We have transplanted many children with a wide range of disabilities, including physical and intellectual disabilities," it said, adding that it is "deeply committed" to providing the best possible medical care for all children, including those with disabilities.

It noted the debate on its Facebook page. "We're listening. We hear your concerns and take seriously your posts, emails and phone calls," it wrote, adding, "Please know that you have been heard and that your feedback is appreciated."

Stilwell has been in contact with the Riveras daily over the events.

"There's a lot of camaraderie" between parents of special-needs kids, Stilwell said. "Almost all of us, across the board, have experienced some discrimination. I've certainly had some bad run-ins with some certainly ignorant doctors, but nothing like this. That's part of the reason I did it. I couldn't actually believe this was happening."

The issue the Riveras face is not simple, said Arthur Caplan, director of the University of Pennsylvania Center for Bioethics. For example, the blog notes that Chrissy Rivera told the hospital that "we plan on donating" the kidney because they come from a large family.

"Most adults can't donate an organ because it won't fit" a child, Caplan said. "You're starting to say you're going to use another child as a living donor, and that's ethically really trouble."

The supply of organs for child transplants is "extremely limited," Caplan added. "So you have hard choices to make," he said. "Dialysis may be a better option."

However, in recent years some hospitals have pioneered ways to use an adult's kidney in a child.

According to the National Institutes of Health, 87,820 people were awaiting kidney transplants as of last February. The National Kidney Foundation, which seeks to enhance the lives of people affected by kidney disease, said 4,573 patients died in 2008 while waiting for kidney transplants.

A 2006 study from Ohio State University on kidney transplants for patients with mental disabilities found that the one- and three-year survival rates for 34 people were 100 percent and 90 percent, respectively.

"The studies reported good compliance with post-transplant medications due to consistent support from family members or caregivers," the paper noted.

The researchers added that previous controversies over mental disabilities and transplants led the Joint Commission on Accreditation of Healthcare Organizations to express concern that many people with disabilities are "denied evaluation and referral for transplantation."

Whatever the medical details of Amelia's situation, her mother's blog captured the anger of parents with disabled children who don't want outsiders to decide life and death issues.

"Do not talk about her quality of life," Rivera wrote of her exchange with the doctor last week. "You have no idea what she is like. We have crossed many, many road blocks with Amelia and this is just one more. So, you don't agree she should have it done? Fine. But tell me who I talk to next."

Mary Beth Happ, a professor at the University of Pittsburgh Center for Bioethics and Health Law, said that the issue of severe mental disability and kidney transplants has been a source of contention for nearly two decades.

"Co-existing health problems such as weakened immune system and/or heart disease, which are prevalent in (Wolf-Hirschhorn syndrome), are an additional risk that transplant centers and parents must consider," Happ wrote in an email.

But Happ and Caplan noted that it's virtually impossible to have a full discussion of Amelia's case because of medical privacy laws.

"We're seeing this more and more where very private, difficult medical decisions are debated in the media without the full facts," Happ said, adding that while the general discussion can be good, the risks of one side or another inflating the situation is problematic.

Caplan said he has heard of cases in which other transplant programs considered severe mental disability as a factor in transplants.

"With scarcity, social factors do count, with every transplant," he said.

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Begos reported from Pittsburgh.

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10:47 AM on 01/23/2012
As a mother to a child with Wolf-Hirschhorn Syndrome (4P-) I am completely appalled at this decision!
We depended on CHOP and it's specialist to keep our daughter Lianna alive for the first three years of her life. She was frail, she devel...oped a seizure disorder at eight months of age, she had severe esophageal reflux, she required a feeding tube to be permanently placed so that she could grow and gain strength, and she required open heart surgery to repair a hole between her upper atria. All of these things were diagnosed and treated at CHOP.
Had any ONE of these things not been attended to, she would not have survived.
Our daughter also has vescicoureteral reflux (urine moves backwards toward the kidneys) which is a common occurence with Wolf-Hirschhorn children. The ensuing kidney infection often cause kidney damage and can lead to kidney failure. Are we to expect that if our own child develops an infection that causes her kidneys to fail that she will be refused care?
Please sign the petition to help the Rivera family.
08:33 PM on 01/20/2012
I am really suprised by the comments. It's uninformed to say 'give another a chance' as this is not an organ list transplant but rather a family donation.

What's scarier is the judgements made by "a normal life" and "a long, productive life". It's a slippery slope to start judging the value of a human life. I hope none of you are in the position to understand this as deeply as this family does.
11:49 AM on 01/20/2012
As an RN who has worked in Transplant Units, I agree, this is the right choice. If kidneys were available as needed, another story, but one has to make decisions, realistically, not through emotions. There are thousands of others needing organs, who have a chance of a normal , long life.
Give this little girl the best life she can have now, a transplant requires lifelong treatment, difficult enough in a healthy person. Life choices aren't always easy . Certainly we can understand the quandry, but to use a rare kidney in a child with all this against her just starting off, is denying life to another child, with a chance for a long, productive life, in my opinion, is not the right one.
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08:39 PM on 01/19/2012
It's difficult to understand that parents will go to such lengths to prolong the life of their child when that child is suffering or struggling with life. It is only for the parent. The selfless act would be to allow their child to go when it's time and enjoy her every day until then.
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Alicia Sonshine Fort
DON'T START NOTHING, WON'T BE NOTHING. . .
06:47 PM on 01/19/2012
welcome to america, where everyone doesn't have an equal chance of living due to health care. . .
11:19 AM on 01/19/2012
I see a rather unfortunate ending to this story coming. These parents are eventually going to get the surgery they so desperately want for their daughter because of all the attention it's recieved. The hospital is bowing down to the pressure of the general public who believe the parents story that their child was denied a transplant simply because of her mental defects. Personally I believe the Dr. in this situation made the right call. I'm at least glad to know that when she does recieve the transplant that the kidney is going to come from a family member and not from a a donor whose organs were meant for another. But that would never happen anyways. This child would never qualify for the national transplant list and even if she did she wouldn't survive the long waiting period. I think the parents are going to regret their decision. Because if in fact their daughter even survives the operation. She is going to end up with more problems than she had before. Her health is already precarious and having transplant surgery and adding anti-rejections meds along with all the other medications that are required. Her body won't be able to take it.
12:37 PM on 01/19/2012
The voice of reason!!
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rightasrain
08:21 AM on 01/19/2012
As a parent who lost a child, raw emotions are at play here. But, lets get real. With a kidney transplant, this child is going to have to be on anti rejection drugs forever. And that's just the start. She will never have a normal life. A kidney transplant will lengthen her struggling existance and the enevidable. Somewhere there is a child whose only problem is failing kidneys. Give that child a chance.
11:27 AM on 01/19/2012
I'm glad to see a parent out there who is looking at this with rational thinking. I understand that for many parents this is a very emotional thing and they would want to do whatever it takes to save thier child or to prolong thier life. But as a transplant patient myself I believe organs are meant to go to those who will benefit from them the most. You are so right when you said that a tranplant will only lengthen her struggling existence.
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rightasrain
04:47 PM on 01/19/2012
I hope everyone considers donation. A mother saw her children for the first time with my child eye. I understand only one is giver per recepient. I never inquired as to who got the other one. Burn victims got some tissue.