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Parental rights case in Boise goes to the jury

by Ty Brennan

Bio | Email | Follow: @tybrennanktvb

KTVB.COM

Posted on June 24, 2010 at 4:36 PM

Updated Friday, Jun 25 at 7:07 AM

BOISE -- A former Boise couple who is suing the city of Boise and St. Luke's Hospital after they say their rights were violated -- is now waiting to see if a jury will side with them.
                         
Day two of closing arguments wrapped up at the federal courthouse Thursday morning.  Jurors are now deliberating over the evidence that was presented over the 12-day trial to try and make a decision.

“We didn't want this to happen to anybody else and we wanted to set precedence nationwide,” said Corissa Mueller.

Eric and Corissa Mueller explained why they decided to sue over the treatment of their infant daughter Taige.

“It's a big relief to get our story out there and explain ourselves in front of the judge and jury,” said Eric Mueller.

The incident the Mueller's are suing over took place nearly eight years ago.  Corissa Mueller took her then 5-week-old daughter Taige to St. Luke's with a fever. When doctors wanted to perform a lumbar puncture to check for meningitis and put the baby on antibiotics, the Mueller's refused.

“They aren't necessary, they aren't beneficial for a viral infection, so I wanted to protect her from unnecessary risks and unnecessary treatments,” said Corissa Mueller.

Child Protective Services took custody of the baby from the Muellers, charged them with neglect and had the procedure done.

“I was in disbelief I couldn't believe this was happening in America, I didn't understand what was going on,” said Corissa Mueller.

However, defense attorneys for the entities being sued say the hospital, law enforcement and the doctor all worked in the best interest of the baby, and as a hospital had an obligation to take care of the child.

For the Muellers, they're hoping this case strengthens parental rights.

“We're hoping to be victorious, we're hoping for the court to rule in our favor that our constitutional rights were violated and that parents shouldn't be afraid to take their children to hospitals,” said Corissa Mueller.

The Muellers say they've since moved out of state.  Their daughter Taige will be turning eight this July 4th.

The jury's verdict is expected to be presented on Friday.

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