California Medical Tyranny

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Medical tyranny received judicial sanction in California Monday when a judge ruled that parents fighting to get their baby back from Child Protective Services kidnappers must follow all medical advice including not taking their baby from the hospital until the Big Pharma-trained goon squad gives the OK.

Anna and Alex Nikolayev’s ordeal with the medical police state began when they took 5-month-old Sammy to Sacramento’s Stutter Memorial Hospital for treatment after he began exhibiting flu-like symptoms. They chose Stutter because that’s where Sammy had been receiving treatment for a heart murmur since birth. The attending physician prescribed antibiotics for the child’s viral infection — despite the fact that antibiotics are ineffective against viral infections — and admitted him to the pediatric intensive care unit for observation. When they questioned a nurse about why the doctor had prescribed antibiotics, the nurse told them she did not know.

Within days, the physician began talking about the possibility of heart surgery for Sammy. Anna Nikolayev said she had grown increasingly concerned about the care Sammy was receiving and decided to take him to Kaiser Permanente for a second opinion. The family admits they didn’t get a discharge before removing their son. The doctor at Kaiser Permanente told them Sammy didn’t need antibiotics.

While the family was still at Kaiser Permanente, police officers showed up. They told the Nikolayevs that the people at “Sutter was telling them so much bad stuff that they thought that this baby is dying on our arms,’” Anna Nikolayev said.

The Kaiser Permanente doctor told police and the Nikolayevs that Sammy could go home and there was no concern for his safety in their care. But police arrived at the Nicolayevs’ home a couple of days later with a CPS worker, pushed Alex Nikolayev against the house, threw him to the ground and took his house keys. Police then took Sammy from Anna Nikolayev’s arms, telling her: “I’m going to grab your baby, and don’t resist, and don’t fight me, OK?”

While Sammy was in CPS custody and in the hospital, his parents could see him only for short periods of time but had no control over his care.

After Monday’s hearing the Sacramento County judge ordered Sammy be transferred to Stanford hospital. The Nikolayevs cannot remove him without a “proper discharge” and must allow a county government functionary to make regular house visits — to ensure the family is reminded who really owns their child — once Sammy goes home.

Bob Livingston

founder of Personal Liberty Digest™, is an ultra-conservative American author and editor of The Bob Livingston Letter™, in circulation since 1969. Bob has devoted much of his life to research and the quest for truth on a variety of subjects. Bob specializes in health issues such as nutritional supplements and alternatives to drugs, as well as issues of privacy (both personal and financial), asset protection and the preservation of freedom.

  • CatGman

    The doctor, the CPS, the judge, and the police deserve to be made an example of. This is America’s future and the future is now.

  • Shagphil

    America, land of the free, is now GONE! We are no longer a government “of the people, by the people and for the people”. The government is now a separate group from “we the people”! God help our grandchildren for surely we are head into infamy just as the Greeks, Romans, British, French, and Germans!

  • dan

    although there can be no excuse for the god -complex of certain judges or doctors, the Nikoleyev’s first mistake was going to hospital for non-life threatening care instead of the child’s pediatrician….

    • Frugalone

      They where taking this infant to the doctors on a regular basis. They where there for test and follow-ups. This is a sad story and what is happening in our country today. Parents are losing their rights to raise their children.

    • CrazyAuntJane

      A child with a heart murmur with the flu could be very serious. Maybe they should have waited but I understand their anxiety. Seems like they are very caring loving parents and they need to get out of California and this whole country needs a revolution, hopefully at the ballot box.

  • PEC

    Time to move out of The Peoples Republik of Kalifornia.

    • Jeff

      We can only hope stories like this will keep you in Oklahoma.

  • Kent

    Why don’t we hear the name of the judge, he needs to be fired and disbarred!
    I would leave the state after conferring with a non- communist state, such as Utah, Texas, etc. Californians suck!

  • Guest

    I know cal is all screwed up but this is so far over the top. I hope they can sue for the rights they deserve as parents. It’s a shame we have to fight for basic rights now what happening to our once free country?

    • rendarsmith

      Absolutely! They need to sue the damn pants off them!

      • http://www.facebook.com/CapitalistAtBirth Greg Murphy

        Not likely they will win. This would be in a California court (Federal or State.)

  • rendarsmith

    Man this story is depressing but thanks Bob for sharing this. We need to know what is going on! Western society is becoming a damn police state!

  • TIME

    My Dear People,

    I bring forth this FACT of TRUTH yet again, as you can’t miss whats going on anylonger, thus perhaps you can now grasp what I have been telling you for some TIME now.

    You don’t have a Government,
    YOU ~ have a Corporation known as the “United States Inc.” They don’t produce a product like you would buy in a store such as bread or tires etc. BUT ~ What they do PRODUCE is “”YOU.””

    You are the product YOU are also know as a “Domestic” ~ Thus “Domestic Policy”
    We are all no better than a Cow or Chicken or what ever farm animial you so wish to be like.
    Peace and Love, Shalom Wake UP.

    • TIME

      fMy Dear People,

      Please look into Jessy Ventura’s Lawsuit against the TSA, his case just the very tip of this ice burg.
      Peace and Love, Shalom

  • BTeboe

    I see a big lawsuit coming and the state deserves to be sued.

    • independent thinker

      Good luck getting any money out of Kalifornia. Remember Kalifornia’s budget is in as bad or worse shape than the feds budget.

  • Macrae

    Psalm 9:15
    The nations have sunk down in the pit that they made; in the net which they hid is their own foot caught.

    The CPS workers, the cops must pay for their un-righteous acts, the evil they have perpetrated. And the judge involved. Judgement upon that beast 100 fold. They’ve made their position known, the pit they have dug they have now fallen into, the net they have laid they own foot is caught. Let them be broken without mercy or release, crushed under foot. Let them know what it is like to have their lives broken and considered nothing.

  • boyscout

    It’s not just Cal. messed up; it’s the organization of the medical profession, its overrule by corporatist Big Pharma, and the self aggrandizement of ill staffed government agencies. Perhaps if someone were to bash that Stutter M H staffer in the face and then treat him for his injury with antibiotics we might gain one better educated physician – who know ?

  • Robert Willis

    I hope someone can make this story go viral, I hope everyone pays attention to the story, for this is how the United States is going to be everywhere if “we the people” do not wake up and take a stand!

  • Jeff

    Clearly none of us knows what really happened in this case and you certainly won’t learn the true facts from this article. Bob’s hyperbole is beyond dishonest in that he calls all his opponents goons or fascists and ascribes the worst possible motives to virtually all doctors and Government officials. I guess none of that qualifies as “name calling.”

    What is clearly true is the State has an interest in protecting children from some parents who think they hold title to their children and can treat them with the Bible and prayer rather than medical science. I’m not saying that’s what’s going on here, but some recent cases in the news have probably made officials hyper-vigilant about such things. It may well be that the State has over-reacted here. That does not mean doctors and courts are always wrong or that parents are always right.

    One thing I hope everyone can agree on concerning the tragedy in Boston is that the medical people really did their jobs. Everyone who arrived at a hospital alive, many with truly horrific injuries, is still alive.

    • Melanie

      Jeff, you are clearly uninformed (not what I really want to say, but it will suffice). All parties have agreed that the parents took the child straight to another healthcare facility for a second opinion. They were not just treating the child with Bible and prayer, though both can be effective, along with modern medicine, since modern medicine doesn’t have all the answers, either. Stick to what you know, which seems to be very little, so you should have not trouble keeping up with things within that teeny, tiny realm.

    • Karolyn

      I have to somewhat disagree with you here, Jeff. I’ve heard too many stories of over-reaching by government officials. What is wrong with what these parents did? Maybe they should have signed the baby out, but they did nothing wrong. It’s not like they took him home and neglected his care.

    • http://personalliberty.com/ Bob Livingston

      Dear Jeff,

      You write: “Clearly none of us knows what really happened in this case and you
      certainly won’t learn the true facts from this article. Bob’s hyperbole
      is beyond dishonest in that he calls all his opponents goons or
      fascists and ascribes the worst possible motives to virtually all
      doctors and Government officials.” What is clear is that you are a shill for big government nanny-statism.

      Best wishes,
      Bob

      • TheSilverRanger

        My life was destroyed by these people, Mr. Livingston. And every time I read stories like this from my hometown, it makes me angry to no end. It brings me joy to know that police officers are getting gunned down, because chances are, they’re nothing more than crooked cops and LEOs that get a kick out of abusing people. Now if the perpetrators can take it a step further and start killing the corrupt social workers as well as the cops. Then again, that’s probably anger and vengence clouding my brain. The best way to get revenge, is by doing it through the legal system; the only way to punish these people is through dollars and cents.

      • WTS/JAY

        Mr. Livingston, have you had a chance to see this? It will certainly explain all the personal-attacks on this site and your person. Of course, you know who, will deny it.

        http://blackquillandink.com/?page_id=15479

        • http://personalliberty.com/ Bob Livingston

          Dear WTS/JAY,

          I had not seen this last portion. I was aware of the Obama cyber army. Thanks.

          Best wishes,
          Bob

    • TheSilverRanger

      What load of BS are YOU talking about? I’m living proof that everything you’re telling me is BS. I was 12 years old when I was taken away by the pigs in the Sacrament PD, because CPS didn’t learn when to mind their own business. They destroyed my life and my mother’s life, because a home aid that was taking care of my father who was dying of AIDS, didn’t like the criticizms my mother gave her, and lied to her saying that she kicked me in the ribs as a punishment for misbehaving. Eventually, my father died, and then CPS came over demanding to interview me and my mother. Then the cops broke down my door, took my mother away from me, and took me into a ghetto ridden section 8 housing where some ghetto rats took care of me for 5 days. I wanted to get out of there. I wanted to go back to my mother.
      People like you, Jeff, infuriate me to no end, and I wonder if people like you, Sac PD, and Sac CPS get a THRILL off of destroying people’s lives, because they get off on a power trip. People like you make me sick to no end, and I will make sure to sue both the Sac PD and CPS so hard, they’ll be even more bankrupt than they already are!

    • WTS/JAY

      Jeff: Bob’s hyperbole is beyond dishonest in that he calls all his opponents goons or fascists and ascribes the worst possible motives to virtually all doctors and Government officials. I guess none of that qualifies as “name calling.”

      Jeff, there are just too many testimonies to ignore that confirm Mr. Livingston’s caricature of these Government officials. I personally know people who have gone through hell and back with respect to this issue. If there be a good person in the CPS, i’ve yet to meet one.

  • charlie

    give califorification to mexico, they deserve it.

  • steve

    time to open your bible and read 1john 5;19 and maybe now you will start to believe. ” we know we originate from god but we lie within the power of the wicked one (satan)

  • TheSilverRanger

    When I was 12 years old, I was living in an apartment complex in Sacramento and my life was destroyed by two police officers after my mother turned away a CPS agent, because a home aid who was taking care of my father lied and said my mother was abusing me. Now these communist scumbags are destroying another child’s life? I don’t think so.

  • Protonius

    IMO, there are problems with this whole affair, coming from nearly all the players in this matter:

    1. On the face of it — or, at least, according to the limited information in the above article –, it would appear that this family screwed up by not first getting an official, hospital/doctor-approved, “discharge” for their child, from the first hospital (Sutter), before removing their child from Sutter. The above news-article even clarifies that the parents say that they did NOT get an official discharge before taking their child from Sutter.

    Did the parents in any other way notify, even verbally, Sutter or the child’s Sutter doctor, BEFORE taking the child out of Sutter, that they wished to take their child out for a 2nd opinion? If so, then it would seem to me (but I am not a lawyer!) that the parents may have a valid possible defense.

    2. But, on the other hand, did these parents just “grab their child and run”? If so, wouldn’t the hospital personnel have every reason to classify that act as a “kidnapping” that might well be putting the child’s safety at risk?

    And, within that latter context, and especially against the backdrop of the hospital’s own doctor perhaps having classified the child as being at potential risk of coronary failure (Note: those are my words, based on the LACK of clarity of the above article on this point), wouldn’t Sutter’s heightened concern for the purportedly “kidnapped” child’s safety be even more understandable?

    3. So, perhaps the core if this affair comes down to how it began: How did the parents take the child from Sutter? Did they in any reasonable way follow appropriate procedure — whether that procedure matched Sutter’s or the doctor’s standard practices OR COMMON PRACTICE AS TO REASONABILITY or even “COMMON SENSE” — in how they took their child from Sutter?

    For that matter, and regardless of their motives, did these parents, in how they took their child from Sutter, act WITHIN or OUTSIDE the requirements of LAW?

    4. Yet, here too is a problem that possibly MAY or MAY NOT work in EITHER side’s favor:

    To what degree — if any — were the specifics of Sutter’s (and the doctor’s) “discharge requirements” made EMINENTLY CLEAR — by the hospital and/or doctor — to the parents, IN A LEGALLY VALID WAY, at any time before or even during the parent’s efforts to remove the child from Sutter?

    What if such legally-required clarifications had NOT been made to the parents, or had not been made to the parents until well AFTER the child had already be removed from Sutter by the parents?

    As an element of those questions, could it be that there was a LANGUAGE (or other relevant COMMUNICATION) problem in terms of (a) conveying the “discharge-requirements” to the parents and (b) the parent’s ability to UNDERSTAND those “discharge-requirements”? And if such obstacles existed, to what extent was it the hospital’s (or the doctor’s) LEGAL AND ETHICAL DUTY to be sure that the parents fully understood those requirements, in the process of ADMITTING the child to Sutter?

    5. Why the Kaiser Permanente doctor, or Kaiser Permanante, as per the above article, did not assert the primacy of a doctor-patient relationship (or a doctor-parents-of-a-minor-patient relationship), and why that doctor (or Kaiser Permanent) did not refuse to release the child into the hands of the police and child protective services, is not stated in the above article.

    Should the Kaiser Permanente doctor, and Kaiser Permanente, have refused to release the child to those authorities?

    Confronted with a visit by the police (perhaps with an arrest-warrant?) and child protective services and with, perhaps, another other hospital’s claims of, “kidnapping” and “child endangerment” (Note: my words, not necessarily theirs), did the Kaiser Permanente doctor, and Kaiser Permanente —

    (a) do the right thing according to ethics, standard practice, and the law,

    (b) do the “convenient” thing, i.e., choose this course of action purely or primarily to keep itself “out of the line of fire”,

    (c) knowingly and intentionally choose a course of action that could enhance — but that might also ENDANGER — the psychological and, especially, the physical, safety of the child,

    (d) act legally and ethically proper in allowing the authorities to take the child from BOTH Kaiser Permanente AND the child’s parents,

    (e) violate the doctor-patient relationship, ethics, standard medical practice and procedures, the child’s and the parents’ rights and the law, by — as per the above article — not keeping the child in Kaiser Permanente’s custody (whether along with or without the parents) but in instead promptly releasing the child to the police and child protective services EVEN BEFORE (presumably) a though investigation had been done?

    6. Unless I overlooked it, the above article doesn’t answer any of these questions — but it would seem to me that these specific points of information would be critically important to the entire story — and to any just determination (a) as to where any culpability for wrongdoing should be placed, and (b) as to the child’s wellbeing, and (c) as to the child’s and the parents’ rights in this whole affair.

    7. Yet. above it all, in my view this story generates an even more profound, overriding, question than all the above, and it is basically the same type of question that was asked at the Nuremburg Trials and by “war resistors” and “conscientious objectors” during the Vietnam War:

    When, and under what circumstances, does it become permissible — or even morally or ethically acceptable — to defy “the status quo”, defy “the rules”, defy “the authorities”, and to consequently take whatever action that your CONSCIENCE AND OWN SENSE OF MORALITY AND ETHICS tells you you MUST do, regardless of any rules or restrictions that may have been put into place AGAINST such a decision?

    I.e., is it at all possible that these parents, in what they believed was legitimate concern for their child’s safety, had already been turned down in any request to get a 2nd opinion via a doctor of their own choice, and had already been denied their request to take their child to another hospital — such that, perhaps, they felt that their child’s very survival rested on their having to violate Sutter’s regulations and “kidnap” their own child from Sutter?

    The article doesn’t say.

    Many questions. Where, oh where, is Perry Mason on this one?

    Under what circumstances does it become permissible to

    • Protonius

      (OOPS! Re “Under what circumstances…” last-line in my above post, please ignore that line; it wasn’t supposed to be there.)

    • DRose

      It is not possible to “kidnap” your child if you are the custodial parent(s). So it is unreasonable for the staff at Sutter to view such removal as “kidnapping”. It seems like the parents were punished over what essentially amounts to a clerical error.

  • 1PierreMontagne1

    Mr. Livingston – you left out a very important part
    Did the Nikolayevs vote for Obama? Did they vote for Jerry Brown?

    Another point – Social workers with their own Children are usually loathe to take away the children of others. Typically the Agencies assign such cases to a worker who has no children of their own and which typically leads to the Jack Booted treatment becoming so common to people such as the Nikolayevs.

  • zanch

    I would shoot anyone who tried to kidnap my daughter/son, if I had a one… and if owned a gun… maybe thats what needs to start happening to stop this blatant violations of human rights that are going on in our very own backyards.

  • Redlupus

    The Democrats (pseudo communists) are now publicly stating children belong to the state, not the parents. Here we go!