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Tuesday, March 8, 2011

Baby Joseph’s family to appeal, while U.S. hospitals have agreed to take over care

The new Canadian lawyer for dying one-year-old Joseph Maraachli, whose doctors are seeking to remove his ventilator against his parents’ wishes, announced today that the family will take the case to Ontario’s highest court.

“I’ve been retained to file an appeal to the notice of appeal to the decision of the superior court,” Windsor lawyer Claudio Martini, who the family hired over the weekend, told the Windsor Star on Tuesday. “I will be filing the appeal in the next day or so.”

The Ontario Court of Appeal will be asked to rule on the February 17th decision of Ontario Superior Court Justice Helen Rady, who backed the doctors’ decision to take Joseph off life support.

The family has also retained the American Center for Law and Justice (ACLJ), a constitutional law firm, to explore options to get their son medical treatment in the United States. The family hopes to find a hospital to perform a tracheostomy which will allow them to take Joseph home. Priests for Life has said they have a jet standing by to fly Joseph and his family to a U.S. hospital as soon as possible. Fr. Frank Pavone, the organization’s national director, revealed Monday that physicians in Michigan have agreed to oversee Joseph’s outpatient care and help wean him off the home ventilator if necessary. “We have yet to find one facility that said it would not perform the tracheostomy on Baby Joseph,” he said.

“The real problem is that health care providers in the U.S. need Baby Joseph’s medical records - but the Canadian authorities are refusing to release them,” Fr. Pavone said.



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