Judge Grants Parents the Right to Fight on Behalf of Their Disabled Daughter

posted on Apr 21 by Admin in the Disability Discrimination category

(ABBIE DORN FOLLOW UP STORY)

In a pretrial hearing, Judge Rudolph A. Diaz declared Paul and Susan Cohen have the right to fight on their daughter Abbie Dorn’s behalf for visitation of her three triplets. Abbie Dorn has not seen her three children in almost two years. After their birth Abbie was left unable to move or speak due to medical malpractice. Initially her husband, Dan Dorn, would bring the triplets to the hospital to see their mother where she was recovering. Soon after, Dan stop bringing the children to see their mother and filed for divorce.

Dan has refused to allow the triplets to see their mother claiming it would be traumatizing to see her in such a state at their age. Abbie has not see her children in two years. Dan’s defense team argues that due to Abbie’s incompetence no one knows what Abbie wants. “There is no evidence that Abbie Dorn can communicate,” Dan Dorn’s attorney, Vicki Greene, told Judge Diaz. “This is a classic case of grandparent visitation…If you give them a standing, what’s to stop them from coming in and saying, ‘She blinked, you need to take the kids to a different school’?”

Abbie’s parents, the Cohens, argue they have a right to make decisions on Abbie’s behalf. As Abbie’s conservators, if they cannot speak on her behalf then that leaves Abbie without a voice. In previous court cases, conservators have been allowed to make medical decisions when the person was determined incompetent including terminating any machine assisted life support. “If a conservator can do that, then why shouldn’t a conservator make a decision to pursue visitation,” asked the Cohen’s attorney, Lisa Melfend Meyer. “It’s a fundamental right. Abbie is still alive.  She is entitled to pursue visitation. If she is denied the opportunity, she is denied equal protection under the law.”

Judge Diaz did not agree with Greene’s argument.  “They are not going to parent,” Diaz said. “They only want visitation. They have a right to pursue that.”

The Cohens will now have to prove that Abbie is actually lucid enough to exercise visitation. At Greene’s request, Judge Diaz ordered Abbie have neurological testing.  A trial is set for May 13, 2010, where a final decision will be made.