Indiana Family Suing CPS For The Freedom To Treat Their Daughter With CBD

in #cbd6 years ago

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A family from Indiana, the Jergers, have recently launched a lawsuit against CPS, fighting for the freedom to make the medical decisions for their daughter.

Doctors allegedly reported the family to CPS over their actions to attempt treating their epileptic daughter with CBD oil. In the state of Indiana, CBD oil has been approved for treatment in some strict medical cases.

However, their daughter's specific form of epilepsy was not one which authorities deemed worthy of obtaining the substance.

Jade and Lelah Jerger have five children and their daughter, Jaelah, was diagnosed in 2017 with having myoclonic epilepsy. At just 6 months old, their daughter started having seizures and can potentially suffer from multiple seizures every day. The doctors allegedly told the family that they needed to begin putting their daughter on the medication Keppra as soon as possible.

According to the doctors, they thought that the parents were medically neglecting their daughter.

The Jergers were concerned about the potential side effects of the medications that were suggested for Jaelah and so they went looking for a variety of alternatives that they might want to explore. Along their journey to try and find something that would help, they allegedly found their way to a functional wellness center where a neurologist had suggested they try CBD oil. And after that, the family says that the results were seen immediately.

Prior to using CBD, their daughter was having up to 30+ seizures a day

According to the Jerger family, once they notified doctors that they wanted to explore the possibility of CBD oil, they were subject to many calls and appointments. Eventually, CPS showed up and they told the family that their daughter needed to be on Keppra. With Keppra, some of the side effects are alleged to be anger, anxiety, dizziness, weakness, drowsiness, mood changes, and aggression.

The caseworkers allegedly threatened the family that their daughter would be taken away if she wasn't put on Keppra and so she did at one point begin the drug and caseworkers required the parents to submit weekly blood tests to confirm that she was indeed on Keppra. It is those blood tests which the family says constituted a non-consensual search and seizure which violates their Constitutionally-protected natural rights.

The family says that they have since cut all of their ties with the children's hospital that was involved and they have sought other opinions.

A JusticeforJaelah social media campaign has now been initiated and the family has launched a lawsuit against Child Protective Services claiming that they wrongfully obtained a blood sample from Jaelah. The family has been working with the help of a neurologist on their CBD journey. That neurologist has allegedly suggested that Jaelah be placed on a hemp oil CBD because she doesn't meet the rigid criteria to lawfully make it onto the state's cannabis-derived CBD approved list.

Looking For help

The family has started a GoFundMe account and they are looking for some help to pay for the cost of this fight. So far they've raised almost half of their overall $5000 goal. They will also be chronicling their journey on their Facebook page. The ACLU of Indiana is representing the family in their lawsuit against the case workers who were said to be involved. They reportedly hope that the case ends up going to trial so that they can raise awareness about this injustice. And if their effort to fight back can help any other family retain the freedom to make medical decisions for their family then that makes it even more worth it, they say.

Just a few weeks ago, low-level THC CBD oil was approved for legalization in the state of Indiana.

What a nightmare that this family has been put through when all they were trying to do was make the best decision for their daughter and their family. And there are many others like them around the United States and elsewhere in the world, people who are forced to risk their freedom to consume or obtain a natural substance etc that should be fully within their rights to ingest or do what they want with so long as it is peaceful and harms no one else.

Pics:
Facebook via Dailymail
NBC news

Sources:
https://www.nbcdfw.com/news/national-international/CBP-Helped-Treat-Toddlers-Seizures-State-Threatened-to-Take-Her-Away-480396373.html
https://herb.co/marijuana/news/cps-indiana-cbd-oil-epilepsy
https://nowthisnews.com/videos/weed/indiana-parents-who-use-cbd-are-suing-child-protective-services
http://www.dailymail.co.uk/health/article-5687387/Doctors-report-parents-CPS-treating-epileptic-toddler-daughter-CBD-oil.html
https://duboiscountyherald.com/b/parents-fight-to-make-medical-decisions-for-daughter
https://www.indystar.com/story/news/2018/02/06/family-sues-cps-workers-who-investigated-after-they-gave-toddler-cbd-oil-treat-seizures-sues-cps-wor/310433002/
https://www.nbcnews.com/health/kids-health/helpless-only-treatment-their-baby-s-epileptic-seizures-was-illegal-n867626
https://www.msn.com/fr-ca/sante/other/doctors-call-cps-on-indiana-parents-for-using-cannabis-oil-treatment-on-ailing-daughter/vp-AAwFeXi
https://www.gofundme.com/jaelahs-attorney-fees
https://www.indystar.com/story/news/politics/2018/03/21/cbd-oil-now-legal-indiana-after-nearly-year-confusion/447431002/

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The Freedom To Medicate

https://steemit.com/cannabis/@doitvoluntarily/the-freedom-to-medicate

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Thank-you @doitvoluntarily for submitting this post with the #familyprotection tag. It has been UPVOTED by @familyprotection and RESTEEMED TO OUR Community Supporters.

"Child Protection Agencies" are taking children away from their loving families.
THESE FAMILIES NEED PROTECTING.

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Thank you for doing amazing work. Keep helping to support these issues is important.

Thank you for protecting families.

Aldous Huxley would be so proud! This thorough-going treasonous and anti-human notion that the State owns the children and that the parents are just their temporary caretakers has got to end SOON, by whatever means necessary. Great post. Thanks.

This story is of particular interest to me because I have a daughter who is prone to seizures, is currently using CBD oil, and we are in the process of moving to Indiana. We've had enough issues here in NY, despite medical cannabis being "legal", so we're already used to having to skirt the system. It's insane that any government would make a child such as mine suffer, much less one that has an even more severe condition.

I agree, it's madness. is the CBD oil the only thing that she is taking ?

Currently, yes. She suffers largely from absence seizures, where she just kind of zones out for 10 -20 seconds. They were always sporadic, but often enough that we felt something needed to be done. My wife argued with the doctors about having her try CBD before they finally "legalized" medical cannabis in NY 2-3 years ago. Even since then, most doctors were hesitant to prescribe it. They always wanted her to try the pharmaceutical stuff first, despite us pointing out the side effects (or lack thereof, in the case of CBD), even after the law changed. Finally went outside the system.

She is by no means cured, but we saw a marked difference shortly after starting her on a daily regiment. We've adjusted the dosages and finally found some doctors who were much more open to this option, so we're still figuring things out. She is in much better shape, though, which to us, obviously, is all that matters. My wife actually takes it, too, for pain issues related to Rheumatoid Arthritis, so we are huge proponents of CBD oil on principle and our strong anecdotal evidence.

Dood, I live in Terre Haute, IN just about 10 miles or less from Illinois. When you get here, just keep your head down, have an out of state connection, and don't tell your Dr. any more than they need to know. Stay "out of the system" and you should be fine. Illinois has legal CBD and medical MJ, I hear you can get the CBD over there, over the counter. Used to be able to get it here as well, until our "conservative Republican" legislature struck it down, most likely due to meddling by Big Pharma. Did you know that Eli Lilly & Co. is headquartered in Indianapolis? Likely the #1 reason it's had trouble here being legalized. Our politicians think that CBD can be treated and heated, causing a release of THC. Dumb Asses 😡 😠 🤬

Thanks for the info! Yeah, I've been following the idiocy in the Indiana legislature about CBD for awhile, since I knew we were headed there eventually. Like I said, we've grown accustomed to having to work outside the system, but I will make sure to tell the wife not to even bring it up when interviewing new doctors for the kids. Luckily i have some friends in the surrounding states, too, so worst case i'll just have to plan some extra visits.

We do normally order from a company that we've grown to like a lot. From what I can recall, though, most companies won't even ship stuff like that there because of the stupid laws. Or am I remembering that incorrectly?

family safety is very important.

How mentally ill is the state and the workers?
To deny a baby life altering medication and to attack the parents for going above and beyond for the health of their child?

Parent award to those parents for sure!

And the psychotic award to CPS for trying to kill a child and child endangerment.

their deranged quest for good 😂

I have heard that CBD oil is very miraculous I have a friend who uses it for pain and it has worked, thank you for this important publication great friend

thanks for your comment!

Just another case of CBD being an astounding miracle cure for seizures. I'm seeing CBD posts all over Steemit, was just talking to @web-gnar about the benefits of it. I have seen my stepbrothers issues with seizures evaporate practically overnight due to CBD treatment. Thanks for getting this information about this families struggle, and for fighting the good fight!

helping many that's for sure👍👍

This post was upvoted and resteemed by @thethreehugs. Thank you for your support of @familyprotection.

CBD Oil Should be legalized everywhere! I hope they win! as long as its not detrimental to the child parents should be able to treat their children as they see fit especially when it's so much better than the traditional methods! I am so tired of Big Pharma making Billions off the poor while they still suffer ! Great post @doitvoluntarily ! upped earlier now resteemed my friend!👍✌

That sucks, I don't know why they would tell anyone. They sell CBD oil for dogs at my dog food store and they claim it's legal in all states now.

I think it is just illegal to SELL here, we've had many changes in the CBD laws, all in the last 2 years. I am unsure of the current status. My good friend in the local, well, his wife suffered from migraines. I told him about the CBD, and they tried it. BAM, darn near a miracle cure for her, too. The they started "regulating" CBD, it was unavailable for a time, then back, and I heard it changed again. I need to contact him again for other things, so I should find out how they are getting CBD these days. She said it works as well as smoking a joint! Maybe Better? Easier for sure.
All my info is word of mouth, btw, but I am relating it as I remember.

interesting times that's for sure. There was CBD on the Walmart website at one point. It represents a multi billion dollar threat to big pharma.

this news is incredible, as we must suffer people for the inoperations of people who are in health care
Many sgracias dear friend @doitvoluntarily popr spread this news
I wish you a great night.