Boy focus of life-death battle

Steve and Gayle Koochin believe their 6-year-old son, Jesse, is a small miracle away from recovering from a brain tumor and its aftermath.

Doctors at Primary Children's Medical Center say he is already dead.

His small chest rises and falls steadily but only because he's on a ventilator, something doctors had intended to turn off Wednesday afternoon, until a judge issued a temporary restraining order to stop it.

Third District Judge Sheila McCleve signed the order prohibiting the hospital from removing Jesse from a ventilator "except at the direction of the court," the document reads.

The judge also ordered the hospital to continue providing "prescribed medications and intravenous fluids, medications and nutrition."

Additionally, McCleve stopped the hospital from declaring Jesse dead "without having an EEG test and/or blood profusion study (for brain activity) performed as approved by the minor's parents."

A hearing to decide whether the temporary restraining order should remain in place is set for Oct. 27.

The court order also released Jesse to his parents' custody and permits them to take him from the hospital.

"We're just very pleased we were able to help this family do whatever they felt they needed to do to save their child," said Stacey Schmidt, attorney for the Koochin family.

"Regardless of the medical opinions, this family has been through a lot," Schmidt said. "They've seen miracles with this child. They believe they should be permitted to continue to provide care for the child in the way in which they see fit.

"They just want to take him home and love him."

Jesse's medical journey has taken him to hospitals in three states and to Mexico, where he underwent treatment not available in the United States. At one point, his father said, he was in a coma and the family was told he wouldn't live a week. But he responded to the treatment in Mexico, Koochin said.

He did not, however, recover. And three weeks ago, the family moved to Utah so a local doctor could provide alternative treatment designed to rehabilitate his immune system. The boy was so ill, however, the doctor sent the family immediately to the emergency room at Primary Children's Medical Center.