Virginia v. Cherrix
Encyclopedia
Virginia v. Cherrix is a court case in which the Commonwealth of Virginia sued to force Starchild Abraham ("Wolf") Cherrix (June 1990—), aged 16 at the time of the court case, to undergo further conventional medical treatment for a highly treatable form of cancer, Hodgkin disease.
Cherrix was diagnosed with the blood cancer and underwent an initial round of chemotherapy
in 2005. When he was told in early 2006 that he needed further treatment, he rejected any further use of chemotherapy or radiation because of the side effects. His parents supported his choice, and were subsequently accused by the state of medical neglect of their child
. The lower court decided against the parents, but the decision was overturned on appeal and the parties reached a compromise in a consent decree
, in which Cherrix would receive treatment from a board-certified specialist of Cherrix's choice.
The case resulted in a new law, dubbed Abraham's Law, that increased the rights of patients aged 14 to 17 in Virginia to refuse potentially life-saving medical treatment.
Cherrix reached the age of majority
in June 2008, and has been free to pursue or reject treatment without legal oversight since then, like any other adult.
in 2006. The juvenile court found the parents guilty of medical neglect and ordered Cherrix back into conventional treatment. An appeal to the circuit court reversed the decision and resulted in a consent decree
in August 2006 that permitted Cherrix to receive treatment from a board-certified oncologist, Arnold Smith of Mississippi, who is interested in alternative cancer treatments.
, a standard medical treatment with significant side effects. Hodgkin disease is highly treatable, even curable, type of lymphoma
; 96% of young patients survive at least five years after conventional treatment. He said later that the side effects were so severe that he had wished he were dead during treatment.
In 2006, when the cancer returned, he rejected further conventional treatment and went to Mexico to receive Hoxsey Therapy
(an herbal concoction based on the plants eaten by a horse with a swollen leg in the 19th century), which has been illegal in the United States since 1960, after it was proven to be ineffective. His parents were charged with medical neglect as a result of this decision.
After the circuit court overturned the conviction of his parents in August 2006, Cherrix's treatment was supervised by Arnold Smith of Mississippi, a radiation oncologist
with an interest in alternative cancer therapies. His treatment under Smith has included low-dose radiation therapy
as well as the Hoxsey therapy tonic, a sugar-free, organic food
diet, and various vitamins, aimed at increasing his immune system's activity. Cherrix has cycled in and out of apparent remission under this treatment plan, with the need for a fifth round of treatments at the end of 2009.
In June 2008, Cherrix celebrated his 18th birthday and the completion of his requirement to report his medical condition to the courts.
, the same disease at issue in Virginia v. Cherrix. The likelihood of a cure with treatment is 85-90%; without treatment, patients die. Unlike Cherrix's case, Hauser was determined to have a "rudimentary understanding at best" of his condition.
After one chemotherapy treatment, the family refused to continue. The mother, who belongs to the Nemenhah Band
of natural healers, and her son fled the state, and a Minnesota district judge issued a felony arrest warrant. Daniel was distressed by the side effects of chemotherapy, and his mother told the court that she preferred natural healing and they would both resist court orders to provide it. They returned from California five days later, and Daniel subsequently underwent conventional treatment, which appears to have cured his cancer.
Cherrix was diagnosed with the blood cancer and underwent an initial round of chemotherapy
Chemotherapy
Chemotherapy is the treatment of cancer with an antineoplastic drug or with a combination of such drugs into a standardized treatment regimen....
in 2005. When he was told in early 2006 that he needed further treatment, he rejected any further use of chemotherapy or radiation because of the side effects. His parents supported his choice, and were subsequently accused by the state of medical neglect of their child
Child neglect
Child neglect is defined as:# "the failure of a person responsible for a child’s care and upbringing to safeguard the child’s emotional and physical health and general well-being"...
. The lower court decided against the parents, but the decision was overturned on appeal and the parties reached a compromise in a consent decree
Consent decree
A consent decree is a final, binding judicial decree or judgment memorializing a voluntary agreement between parties to a suit in return for withdrawal of a criminal charge or an end to a civil litigation...
, in which Cherrix would receive treatment from a board-certified specialist of Cherrix's choice.
The case resulted in a new law, dubbed Abraham's Law, that increased the rights of patients aged 14 to 17 in Virginia to refuse potentially life-saving medical treatment.
Cherrix reached the age of majority
Age of majority
The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
in June 2008, and has been free to pursue or reject treatment without legal oversight since then, like any other adult.
Court case
When Cherrix and his parents refused a second round of chemotherapy, the Accomack County Department of Social Services accused his parents of medical neglect of a childChild neglect
Child neglect is defined as:# "the failure of a person responsible for a child’s care and upbringing to safeguard the child’s emotional and physical health and general well-being"...
in 2006. The juvenile court found the parents guilty of medical neglect and ordered Cherrix back into conventional treatment. An appeal to the circuit court reversed the decision and resulted in a consent decree
Consent decree
A consent decree is a final, binding judicial decree or judgment memorializing a voluntary agreement between parties to a suit in return for withdrawal of a criminal charge or an end to a civil litigation...
in August 2006 that permitted Cherrix to receive treatment from a board-certified oncologist, Arnold Smith of Mississippi, who is interested in alternative cancer treatments.
Resulting law
"Abraham's Law" amended § 63.2-100 of the Code of Virginia to permit parents to refuse medical treatment or to choose alternative treatments for children aged 14 to 17 with a life-threatening medical condition, if the teenager seems to be mature, both the parents and the child have considered the treatment options available to them, and all agree that their choice is in the child's best interest.Cherrix's treatment
Cherrix was diagnosed with Hodgkin disease in 2005 and underwent three months of chemotherapyChemotherapy
Chemotherapy is the treatment of cancer with an antineoplastic drug or with a combination of such drugs into a standardized treatment regimen....
, a standard medical treatment with significant side effects. Hodgkin disease is highly treatable, even curable, type of lymphoma
Lymphoma
Lymphoma is a cancer in the lymphatic cells of the immune system. Typically, lymphomas present as a solid tumor of lymphoid cells. Treatment might involve chemotherapy and in some cases radiotherapy and/or bone marrow transplantation, and can be curable depending on the histology, type, and stage...
; 96% of young patients survive at least five years after conventional treatment. He said later that the side effects were so severe that he had wished he were dead during treatment.
In 2006, when the cancer returned, he rejected further conventional treatment and went to Mexico to receive Hoxsey Therapy
Hoxsey Therapy
The Hoxsey Therapy or Hoxsey Method is an alternative medical treatment promoted as a cure for cancer. The treatment consists of a caustic herbal paste for external cancers or an herbal mixture for "internal" cancers, combined with laxatives, douches, vitamin supplements, and dietary changes....
(an herbal concoction based on the plants eaten by a horse with a swollen leg in the 19th century), which has been illegal in the United States since 1960, after it was proven to be ineffective. His parents were charged with medical neglect as a result of this decision.
After the circuit court overturned the conviction of his parents in August 2006, Cherrix's treatment was supervised by Arnold Smith of Mississippi, a radiation oncologist
Radiation oncologist
A radiation oncologist is a doctor who specializes in the treatment of cancer patients, using radiation therapy as the main modality of treatment. Radiation can be given as a curative modality, either alone or in combination with surgery and/or chemotherapy. It may also be used palliatively, to...
with an interest in alternative cancer therapies. His treatment under Smith has included low-dose radiation therapy
Radiation therapy
Radiation therapy , radiation oncology, or radiotherapy , sometimes abbreviated to XRT or DXT, is the medical use of ionizing radiation, generally as part of cancer treatment to control malignant cells.Radiation therapy is commonly applied to the cancerous tumor because of its ability to control...
as well as the Hoxsey therapy tonic, a sugar-free, organic food
Organic food
Organic foods are foods that are produced using methods that do not involve modern synthetic inputs such as synthetic pesticides and chemical fertilizers, do not contain genetically modified organisms, and are not processed using irradiation, industrial solvents, or chemical food additives.For the...
diet, and various vitamins, aimed at increasing his immune system's activity. Cherrix has cycled in and out of apparent remission under this treatment plan, with the need for a fifth round of treatments at the end of 2009.
In June 2008, Cherrix celebrated his 18th birthday and the completion of his requirement to report his medical condition to the courts.
Similar cases
In May 2009, a judge in the state of Minnesota ruled that Daniel Hauser, age 13, has been "medically neglected" as a result of his parents' refusal to allow him to receive chemotherapy for Hodgkin's lymphomaHodgkin's lymphoma
Hodgkin's lymphoma, previously known as Hodgkin's disease, is a type of lymphoma, which is a cancer originating from white blood cells called lymphocytes...
, the same disease at issue in Virginia v. Cherrix. The likelihood of a cure with treatment is 85-90%; without treatment, patients die. Unlike Cherrix's case, Hauser was determined to have a "rudimentary understanding at best" of his condition.
After one chemotherapy treatment, the family refused to continue. The mother, who belongs to the Nemenhah Band
Nemenhah Band
The Nemenhah Band is a Weaubleau, Missouri-based religious group founded and headed by Phillip "Cloudpiler" Landis. It was founded circa 2000 and has about 7,000 members. It practices alternative medicine, specifically natural medicine....
of natural healers, and her son fled the state, and a Minnesota district judge issued a felony arrest warrant. Daniel was distressed by the side effects of chemotherapy, and his mother told the court that she preferred natural healing and they would both resist court orders to provide it. They returned from California five days later, and Daniel subsequently underwent conventional treatment, which appears to have cured his cancer.