Texas father takes ex-wife to court over son's autism treatment

From The Austin American Statesman:

A Pflugerville, Texas, man asked a state court Nov. 13 to order his ex-wife to allow their son to undergo a controversial procedure for autism that has not been scientifically proven to help the developmental disorder.

Mario Martinez wants his wife's consent to let their 7-year-old son, William (pictured), undergo intravenous chelation — the use of chemicals to remove metals, such as lead and mercury, from the body. Martinez, 39, said he thinks his son is making steady progress at the Thoughtful House Center for Children in Austin by undergoing a less invasive form of chelation and wants the boy to start IV chelation.

"Now, he is upping the ante," said Juli Martinez, 46, his ex-wife. She thinks IV chelation is too risky. Thoughtful House requires consent from both parents to do IV chelation, and her refusal to consent led her husband to seek the court order.

District Judge Rhonda Hurley of Travis County postponed the matter Friday, saying she wanted to hear testimony from the child's doctor, Bryan Jepson at the Thoughtful House. The center is an alternative treatment facility for autistic children headed by Andrew Wakefield. Wakefield is defending his medical license in London on charges of serious professional misconduct, mainly in connection with research he led in England a decade ago. Wakefield has denied the allegations.

Some practitioners, including Jepson, say "heavy metal toxicity" is a factor in autism and use chelation (pronounced key-LAY-shun) to alleviate symptoms, including speech and social interaction problems. Many mainstream doctors consider chelation ineffective for autism and dangerous for patients.

Juli Martinez, who told the judge she was representing herself because she could not afford a lawyer, says chelation isn't approved as an autism treatment by the Food and Drug Administration or the American Medical Association and "has a risk of death."

Thoughtful House's IV chelation consent form, which Juli Martinez provided to the American-Statesman, includes a long list of possible side effects that include intestinal disorders, joint pain and, in rare cases, "allergy, anaphylaxis, arrhythmia and even death." It adds that the treatment offers no guarantee of success.

Juli Martinez said in an interview that her son has been receiving chelation in suppository form for two years, which she claims has made him ill. She said chelation hasn't helped his autism but being in a regular classroom has.

Mario Martinez, who has had primary custody of the couple's two children since their 2007 divorce, disputes that chelation has made William ill and said that the boy had an IV chelation test that showed he easily tolerated it. He said it brought "immediate, dramatic results," in which his learning and behavior improved.

While there may not be scientific proof that chelation helps autism, anecdotal evidence exists, Mario Martinez said. He is willing to spend an extra $400 every two weeks on tests to make sure the twice-monthly IVs are safe, he said.

Jepson was unavailable for comment Friday. A Thoughtful House spokesman issued a statement on his and the staff's behalf saying they don't comment on the treatment of patients because of privacy concerns.

Mario Martinez's lawyer, Kathleen Coble, told Hurley that her client asked Juli Martinez to consent to IV chelation for their son five or six months ago, but Juli Martinez has put them off. Further, she did not seek a lawyer or ask for the court to postpone a hearing until the last minute, Coble said. Hurley told Juli Martinez that she could not continue to delay and was not eligible for a court-appointed attorney. The judge said a new court date will be set when Jepson responds to a request to either appear in court or give a deposition.