Doctor put study first, Jensen family says

Attorneys for the parents of Parker Jensen, the 12-year-old boy who made national headlines in 2003 after his cancer prompted state officials to try to force his parents to consent to chemotherapy, claim new evidence shows that a treating physician was more concerned about getting Parker into a clinical study than actually treating the boy's illness.

According to a document filed in U.S. District Court, attorneys for Barbara and Daren Jensen allege former Primary Children's Medical Center Dr. Lars Wagner was trying to prep Parker to qualify for a clinical study of Ewing's Sarcoma, a rare form of soft tissue and bone cancer, by placing him on immediate chemotherapy, even though the Jensens wanted more tests done.

The attorneys argue that Wagner was trying to place Jensen on chemotherapy within a certain time limit to qualify for the study.

In other court documents, attorneys for the state say Parker was not eligible for the study, however, the Jensens claim Wagner never told them that he was considering their son for a clinical trial. Later, they claim Wagner never told the Division of Child and Family Services of the study when he turned the Jensens in for medical neglect after they refused his treatment recommendation.

The Jensens say this evidence, which they found in the past year during discovery for their pending lawsuit against the state, social workers and doctors, shows that Wagner knew that Primary Children's "routinely performed genetic testing for suspected Ewing's Sarcoma when it could collect a fresh tissue." The Jensens say that is what they wanted. The court document states Wagner had expressed concern about a time constraint to get Parker on chemotherapy for the study.

Shortly after reporting the Jensens to state welfare workers, Wagner left Primary Children's for Cincinnati Children's Hospital "because he would have greater research opportunities there." The Jensens contend Wagner was more interested in his research than treating their son.

On Monday, U.S. District Judge Ted Stewart set a three-week trial to begin Feb. 2, 2009. Jensen attorney Roger Christensen said his office plans to file a memorandum next month that will further lay out their case and their evidence. The state is also expected to file a more detailed outline of its position in the case later this month, containing hundreds of pages of medical documents.

The Jensens made national headlines in 2003 when they fled the state with their son to avoid a judge's order to place him on chemotherapy. While in Idaho, the Salt Lake County District Attorney's Office filed felony kidnapping charges against the Jensens with warrants for their arrests.