Important note: Information in this article was accurate in 1999. The state of the art may have changed since the publication date.
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United Press International - Tuesday, April 20, 1999
Lane County Circuit Court Judge Maurice Merton today supported a state decision that keeps Kathleen Tyson, who is HIV-positive, from breast-feeding her 4-month-old son Felix.
The boy, who has twice tested negative for the virus, was taken briefly from his parents after they insisted on breast-feeding. He has since been returned to their custody, but a public health nurse and state caseworkers visit regularly to make sure Felix is getting AIDS medication and not getting breast milk.
Doctors testified that breast-feeding is the most "effective" method of transmission of the HIV virus. Hilary Billings, an attorney for the Tysons, argued that research was inclusive but the emotional, physical and nutritional benefits of breast-feeding were more important than exposing the child to a "low risk" of HIV transmission. The Tysons further contend that HIV does not cause AIDS.
Kathleen Tyson says she is unsure how she contracted HIV. Billings said Tyson's breast milk was tested and showed no signs of the virus. Merton, however, said the state was within its rights to impose the ban on breast feeding.
Dr. Paul Lewis, an Oregon Health Sciences Universities Pediatric HIV Clinic in Portland, testified that all 170 HIV-positive mothers he has counseled not to breast feed have accepted his advice "without reservation."
Lewis said he was not surprised at the judge's decision, adding: "HIV is an important worldwide disease. Breast-feeding is an important from of transmission. I can't imagine the judge making any other kind of decision."
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