Court Upholds Rejection of Suit Over Death of Diabetic, 12

A state appeals court, citing religious freedom guaranteed by the 1st Amendment, has upheld a lower court decision to throw out a civil lawsuit against the Christian Science Church in connection with the death of a 12-year-old Orange County boy.

In a 2-1 decision, the Court of Appeal panel in Santa Ana decided that Christian Science adherents have a right to follow their belief in spiritual healing instead of traditional medicine.

The decision stems from the 1992 diabetes death of Andrew Wantland after attempts to treat the disease through spiritual healing failed, according to court documents.

The child’s parents were divorced, and he lived with his father. His mother, Gayle Quigley, sued the church and Ruth Wantland, Andrew’s paternal grandmother, who was taking care of the boy. Quigley alleged that both parties owed the child a duty to seek traditional medicine to save his life.

A trial court judge dismissed the case, and on July 29, the appellate court agreed with that move.

“Under those circumstances, imposing any duty upon Christian Science healers which require them to encourage patients to seek medical care would directly interfere with their own religious practices,” Justice William Bedsworth wrote for the majority.

The three-judge panel also ruled that caretakers such as the grandmother, who was acting as a baby-sitter, do not have a legal duty to seek traditional medicine to save a child’s life when the parent has decided otherwise.

“In the ordinary case, imposing such a duty would encourage baby-sitters to protect themselves from liability by seeking medical care whenever a child complained of an upset stomach, headache or slight fever, even though the parent, whose knowledge of the child’s health and medical history is more comprehensive, had decided on a different course,” Bedsworth wrote.

Quigley’s attorney said she would not appeal.