MADISON, Wis.-The Wisconsin Supreme Court ruled today in favor of attorneys allied with the Alliance Defense Fund in a case against a hospital that refused treatment of a baby born prematurely in their facility.
The son of Shannon Preston, an indigent pregnant woman, was born prematurely at approximately 23 weeks and three days' gestation. Because hospital policy prevented the employees from providing treatment to any baby born prior to 24 weeks' gestation, hospital staff intentionally refused to treat the baby boy, named Bridon. Two and a half hours after his birth, Bridon died.
"It is utterly tragic that they walked away from their obligation to Bridon," said Tom Marzen, one of the ADF allied attorneys who litigated the case. "It is unconscionable what they did to this child."
The court ruled that the hospital was in violation of federal Emergency Medical Treatment and Active Labor Act (EMTALA), which provides that federally funded hospitals with emergency departments must examine and stabilize any patient who requests treatment. The court ruled today that Meriter Hospital was indeed required by EMTALA to save Bridon's life.
"These hospital officials tried to sidestep federal law and shirk their obligation toward this little boy," said Marzen. "ADF is very pleased that the Wisconsin Supreme Court recognized this, and we hope this tragedy will never happen again."
The Wisconsin Supreme Court's opinion can be read at www.telladf.org/UserDocs/PrestonOpinion.pdf.
ADF is America's largest legal alliance defending religious liberty through strategy, training, funding, and litigation.
Source: Alliance Defense Fund
