Though the defense attorney is quoted in the above-linked article as saying that the bacteria "is drug-resistant and that medical intervention would not have saved the child." This is not necessarily true.
While Haemophilus influenzae b (Hib) has some resistance to penicillins, it can still be treated by other antibiotics, such as cephalosporins and macrolides, as well as penicillin combos with beta lactamase inhibitors like Unasyn (ampicillin/sulbactam), and with quinalones in adults (though we don't use them in kids usually, because of their side effects. I actually think death is a worse side effect than tendon rupture). Now, I haven't seen the sensitivities from his culture, so maybe.. MAYBE.. It was totally antibiotic resistant. Maybe...
BUT--Hib is at least 95% preventable with a vaccine routinely given to all children in the US. So, if he had been routinely vaccinated, he would almost certainly be alive today.
I saw one other article here:
http://articles.philly.com/2010-12-10/news/25292698_1_kent-pneumonia-jury
that suggested that he had might have had staph aureus pneumonia as well, per defense witness. This is also usually treatable with antibiotics. Even MRSA can be treated with vancomycin, linezolid or daptomycin. Not necessarily 100% effective, but way better odds than sitting home and praying. (Sorry, tried not to be snarky, but it just slipped out! :blushing
Seriously, even if we go with the defense's suggestion that the child had two XDR bacteria in his lungs--how would an otherwise healthy two year old child get pneumonia with two different highly drug-resistant bugs at the same time? I call BS.
My guess is that this is a kid who picked up Hib because he'd never been immunized, and then got real sick because it wasn't treated. Maybe the staph was a contaminant (I didn't see it mentioned at all in the original medical examiner's testimony) or maybe it was a super-infection, on top of the Hib. Either way, we practitioners of "evil" Western medicine would have given this child a great chance at being alive right now. From vaccine to antibiotics. We could have given him a chance to have the full and happy life he deserves.
I won't comment on the legalities. That is not my strength. Ethically, however, I cannot help but think, if this had been my child, I would never, ever forgive myself.
MOO