A southern Indiana family has filed a lawsuit against two Department of Child Services (DCS) workers who allegedly tried to take their daughter away following cannabidiol (CBD) oil treatment for her seizures.
The story started last year, when Jade and Lelah Jerger started using CBD oil instead of the pharmaceutical drug Keppra to treat their daughter’s epilepsy.
The couple says Jaelah Jerger saw a 95 percent reduction in seizures with the CBD oil. When doctors at Riley Hospital for Children at IU Heath found out she wasn’t using the prescription, the family says the hospital alerted DCS, who paid them a visit and threatened to take their daughter away.
DCS said doctors told them child was neglected and in danger.
“The worst week ever. It was terrifying just knowing that at any point in time they could show up and take our daughter without being valid and I didn’t find it valid and a lot of people in Indiana and across the world don’t find it valid,” said Lelah Jerger.
In the lawsuit, the Jergers claim Jaelah was ordered to have her blood drawn to make sure Keppra was in her system.
“We’ve shown you the bottle. You know that she’s on the Keppra, I mean we’ve already told you, why is our word not good enough?” Jerger questioned.
They claim the drawing was a violation of the fourth amendment and was a warrantless search and seizure.
“Our end goal is to hope that no other family has to go through this again,” said Jerger.
The family is demanding a jury trial.