Guardians Appointed for Children in Forced Bone Marrow Donor Case
PAUL A. DRISCOLL
Aug. 16, 1990
CHICAGO (AP) _ A 12-year-old leukemia victim battling for life has won a narrow legal skirmish in his attempt to force twin half-siblings to be tested as potential bone marrow donors, but the victory has been postponed.
Circuit Judge Monica Reynolds denied a motion Wednesday to postpone appointing guardians for the twins and for Jean-Pierre Bosze, who doctors say needs a transplant to stand any chance of survival.
But the state Supreme Court later stayed the guardians - two Chicago lawyers - from taking any action until it could reconsider its original ruling calling for their appointment. The court gave no indication when it would reconsider the ruling.
The boy needs a donation from someone whose tissue type closely matches his. Donor bone marrow, to replace his own diseased tissue, would contain the cells which produce blood cells.
Jean-Pierre's attorney, Edward Jordan, wanted a guardian appointed for the twins in hopes the guardian will recommend allowing the boy's 3-year-old half- brother and half-sister to be tested.
The twins' mother, Nancy Curran, opposes testing, and the judge ruled July 18 that she has no power to overrule her. Ms. Curran claims the blood tests would be an invasion of privacy, may be painful and could subject the twins to lasting medical problems.
''To subject a healthy child to bodily intrusions, against the will of the custodial parent in order to attempt to save a diseased child ... is not a duty the courts can impose upon a child or anyone else,'' the judge said.
Ms. Curran's attorney, Beverly Pekala, said there's no need for guardians.
''The trial record is replete with evidence that all children involved with this case have had their interests zealously protected,'' she argued.
Jean-Pierre's father, Tamas Bosze, said Ms. Curran - who's a former girlfriend - is wrong to forbid the compatibility tests.
''The children would decide differently if they were grown up,'' Bosze said. ''If my brother asked me for a blood test, I would say 'sure.' ''
Bosze said Jeanne-Pierre recently underwent five days of chemotherapy and that doctors are close to bringing the disease under control to allow a transplant. He said many non-relatives have volunteered as donors, but none has proved to be compatible.