Order on ailing boy is lifted

A judge on Wednesday dissolved a temporary restraining order directed at Primary Children's Medical Center now that the hospital has agreed to take a hands-off approach to 6-year-old Jesse Koochin.

The Florida boy, who has been diagnosed with an aggressive and usually fatal brain tumor, became the subject of news media attention when physicians told the family he was brain dead and should be taken off life support.

On Oct. 13, attorneys for Steve and Gayle Koochin, the boy's parents, got a temporary restraining order to prevent Primary Children's Medical Center from declaring the boy dead or withholding treatment. The Koochins arranged at-home hospice care and moved the boy from the hospital two days later. There, he has been treated using both traditional and alternative medicine, his father said.

Third District Judge William Barrett dissolved the temporary restraining order and closed the case but said another order entered into court records Wednesday would remain in place "ad infinitum."

That order states that Primary Children's has no ongoing right or responsibility for any further medical care for Jesse and prohibits the hospital from filing a death certificate for the boy with the state Department of Vital Statistics.

The Koochins worry about the filing of a death certificate, which would impact payment for Jesse's care, since Primary Children's Medical Center physicians had at one point declared the boy dead.

David Erickson, who represents the hospital, said Primary Children's had agreed to the provisions in the latest order. He told the Deseret Morning News that the issue could have been worked out without a restraining order. The Koochin family and attorneys disagree.

Steve Koochin, outside the courtroom, said although his son still is quite ill with cancer, he and his wife have observed signs the boy is making incremental improvements that give them hope.

"I'm a realist," Koochin said. "Right now, he's on the fence. It will take a miracle, and that's what we're praying for."

The Koochins are heartened by the fact that Jesse now needs far less oxygen delivered through the respirator and responds to touch. Jesse's heart rate Wednesday was 79 and his blood pressure was a near normal 111 over 88, his father said.

The alternative medical treatments for Jesse include giving him juices made from organic produce through his IV, along with minerals, and giving him massages, Koochin said.