UPDATED: Family Sues Children's Hospital in Boston

BOSTON, MA - A teenage girl, who landed in state custody after being treated at Children’s Hospital in Boston, is now suing the hospital along with her family.

The Connecticut family is suing Boston Children’s Hospital and one of its doctors for civil rights violations and medical malpractice.

Justina Pelletier, in a wheelchair, held a news conference with her family on Thursday in front of the Massachusetts State House.

Pelletier said she’s had several surgeries and is improving.

“They really treated me badly, they didn’t really care and it was awful. Just imagine being in a psych ward without needing to be in a psych ward,” she said.

Family spokesperson Rev. Patrick Mahoney said “The cry is never again.”

“This lawsuit is way to hold Boston Children’s and the defendants accountable,” Rev. Mahoney.

“These defendants implemented a radical treatment plan, a plan that would have only been appropriate in a documented case of child abuse,” said Kathy Cook, one of the Pelletiers’ lawyers, at the press conference on Thursday.

While at Children’s Hospital in Boston Justina was locked in a psychiatric ward, said her attorney. She was only allowed to see her parents once a week, said Cook.

The family fought for their daughter, and after a 18-month battle, that drew supporters from around the country, and even the Massachusetts Governor weighed in on, a judge gave the Pelletiers their daughter back.

“People shouldn’t have to fight like this. It’s a tough enough battle when you have a child that has health issues,” said Lou Pelletier, Justina’s father.

“Justina Pelletier was wrongfully and unjustly ripped from the loving arms of her loving family,” Mahoney said. “The action of Boston Children’s and the defendants set off a chain reaction of events that can only be described as a nightmare for Justina and for the family.”

“I just don’t understand how this happened,” said Justina Thursday. “And I just really don’t want this to happen ever again to any other family.”

In a statement, Boston Children’s Hospital said it “welcomes the opportunity to vigorously defend the medical care it provided to Justina Pelletier. We are committed to the best interests of our patient’s health and well-being, according to the high standards we follow for every patient placed in our care. Out of respect for the patient’s privacy and the ongoing legal process, Boston Children’s is unable to provide further comment about this specific issues of this case at this time.”

The Hospital said ”Boston Children’s and its providers are required by state law to report cases of suspected child maltreatment to the Department of Children and Families (DCF). DCF is solely responsible for investigating reports of suspected child maltreatment and for deciding whether to go to court to request temporary custody of a child. The Hospital never decides who has custody of a child in any case of alleged child maltreatment. The Hospital is not the custodian or the legal guardian of the patients in its care, nor is it affiliated with any state agency. Boston Children’s does not keep patients in its care against the direction of the custodial guardian.”

Justina, who had been diagnosed and treated by Tufts Medical Center doctors for mitochondrial disorder, a rare genetic disease, was sent to Boston Children’s Hospital for a bout with the flu in February 2013. Her regular doctor was unavailable at that time.

Doctors at Boston Children’s Hospital reportedly disagreed with the diagnosis and instead diagnosed Pelletier with somatoform disorder, a mental illness characterized by pain and gastrointestinal symptoms that have no identifiable physical cause.

When her parents disagreed with their daughter’s treatment at the hospital, the Massachusetts Department of Children and Families then took custody of Justina.

The West Hartford, Connecticut teen, who was held at Boston Children’s Hospital in a custody dispute since February 2013, in January 2014 was moved to Wayside Youth and Family Support Network in Framingham.

While in Framingham “Free Justina” weekly protests and several vigils were held in town.

At one point during the custody battle former Governor Deval Patrick weighed in stating “She should be in Connecticut. We have appeared in court to have her sent home to Connecticut. Believe it or not the court has jurisdiction, not us.”

In June of that year, Massachusetts Judge Joseph Johnson ordered the Massachusetts Department of Children and Families to release the teen to her parents in Connecticut.

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Justina with her parents. Patch file photo.