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Sat,
August 28, 2004
Transfusion lawsuit panned
Jehovah's Witness members claim wrongful death allegations
redundant
By
KEVIN MARTIN
, CALGARY SUN
Shunned Jehovah's Witness Lawrence Hughes'
lawsuit against the church is doomed to fail, a lawyer for the denomination
and one of the defendants suggested yesterday. Shane Brady, who helped fight
against forced blood transfusions for Calgary teen Bethany Hughes, said the
issues raised in the lawsuit have already been dealt with.
"He's entitled to his day in court,
but he's already had his day in court," said Brady, of Hughes' two-year
fight against his ex-wife and his former church.
"Every one of these issues was raised
and decided," said Brady, from his Georgetown, Ont., office.
"Mr. Hughes raised these same
arguments in the child welfare matter and then he recycled them in the
divorce matter."
Brady acted for Bethany's mother,
Arliss
, in both her fight against the forced blood
transfusions -- which violate Jehovah's Witnesses beliefs -- and her later
divorce from Hughes.
Hughes filed a wrongful death lawsuit
Wednesday claiming Jehovah's Witness members, including the mom and Brady,
pressured the teen to fight transfusions.
The girl, then 16, was diagnosed Feb. 13,
2002, with acute myeloid leukemia.
When the mother refused to consent to
transfusions as part of Bethany's treatment, a court order was granted
allowing doctors to proceed.
Hughes lawsuit alleges that after Bethany
was released from hospital in Calgary, she was taken to Edmonton where
alternative treatments were employed.
The claim says church members used the
fear of damnation in Armageddon to influence Bethany not to question her
beliefs and seek transfusions.
She died from congestive heart failure
Sept. 5, 2002.
The lawsuit on behalf of her estate seeks
damages of almost $1 million.
Lawyer Vaughn Marshall, who acts for
Hughes in the latest litigation, said the issue of whether someone should be
held accountable for Bethany's death has never been placed before the court.
"This lawsuit gives Bethany a voice on
the circumstances ... that led to her death," Marshall said.
"When all is said and done in this
matter, the court will speak for Bethany when Bethany couldn't speak for
herself."
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