New York – Brooklyn DA Opens Criminal Investigation Into Infant’s Death From ‘Metzitzah B’peh’ At Bris

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    New York – After the death of an infant who contracted herpes during a controversial circumcision practice, the Brooklyn District Attorney’s office said it is investigating the case as a possible criminal matter.

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    Jerry Schmetterer, the spokesman for Brooklyn DA Charles Hynes, told The Jewish Week Monday, “Our Crimes Against Children Bureau is looking into this situation. I would not assume what any possible charges would be.”

    As the Daily News reported on Sunday, a 2-week-old infant died at Brooklyn’s Maimonides Hospital in September after contracting the herpes simplex virus Type 1 during the practice of metzitzah b’peh, otherwise known as “oral suction,” or the suctioning of blood from the circumcision wound directly by mouth.

    Neither the name of the child nor that of the ritual circumciser, or mohel, who performed the ritual has been released to the public. However, “herpes infections in infants aged 60 days or younger” are on the list of communicable diseases that require reporting to the New York State Department of Health.

    In response to a request by The Jewish Week for comment on this latest case, David Zwiebel, executive vice president of the ultra-Orthodox umbrella group Agudath Israel, noted that in 2006, the New York State Department of Health and a “broad array” of Orthodox rabbis signed off on a Circumcision Protocol Regarding the Prevention of Neonatal Herpes Transmission.

    “We have no information whether the mohel [in the new case] took the precautionary hygienic steps outlined in the DOH Protocol, whether an investigation was done to determine the cause and source of the child’s infection, or what any such investigation may have determined,” Zwiebel said. “Until we know those things, I think it is premature for us — or anyone, for that matter — to offer public comment.”

    Full story at The Jewish Week


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    59 Comments
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    Facts1
    Facts1
    12 years ago

    Bloomberg, maybe a Circumcision fee would help cover the cost of any possible investigations. Your the fee expert, figure it out.

    12 years ago

    שבכל דור ודור…
    והקדוש ברוך הוא מצילנו מידים

    Trolly_McTrollerston
    Trolly_McTrollerston
    12 years ago

    Except that the Agudah’s position that anti-viral drug acyclovir be topically applied to the circumcision wound or that it be taken by the mohel orally is simple minded at best. Local application of acyclovir doesn’t work.

    kalman1
    kalman1
    12 years ago

    If the mohel did not follow precautions, then he is a rotzeach.

    Dr_Bert_Miller
    Dr_Bert_Miller
    12 years ago

    a 2-week-old infant died at Brooklyn’s Maimonides Hospital in September after contracting the herpes simplex virus Type 1 during the practice of metzitzah b’peh,

    Excuse me, but where is the evidence that the “herpes simplex virus Type 1” was contracted during the practice of metzitzah b’peh?

    hulahoop
    hulahoop
    12 years ago

    Note that Metzitza was instituted by the Gemara and Rambam for safety purposes.

    LashonTov
    LashonTov
    12 years ago

    Even though it occurs primarily around the lips, Herpes Simplex 1 blisters can also occur in the birth canal and be passed on to the infant. Has that possible cause been ruled out?

    Trolly_McTrollerston
    Trolly_McTrollerston
    12 years ago

    FROM THE NY DEPARTMENT OF HEALTH WEBSITE

    There is no proven way to reduce the risk of metzitzah b’peh
    Although a mohel may use oral rinses or sip wine before metzitzah b’peh, there is no evidence that these actions reduce the spread of herpes. A mohel who takes antiviral medication may reduce the risk of spreading herpes virus during metzitzah b’peh, but there is no evidence that taking medication eliminates this risk.

    Because there is no proven way to reduce the risk of herpes infection posed by metzitzah b’peh, the Health Department recommends that infants being circumcised not undergo metzitzah b’peh.

    Huh? This is kineged the Gemorah’s view of Science??? This view is thousands of years old, and as such much more reliable than our modern “doctors”.

    The Gemorah can’t be wrong with regard to understanding science — it’s da’as torah!!! Isn’t it (like the pope)infallible?

    I’m so confused!!

    ShalomCon
    ShalomCon
    12 years ago

    I thought that women with active Herpes genital lesions usually have c-sections to avoid transmitting the virus to the child. And if the baby does contract the virus in the birth canal, it usually presents in the eyes or mouth. I’m not an expert, so maybe someone can enlighten me, but if the boy was infected by the mother, would there have been lesions or other symptoms present that the mohel should’ve recognized? If so, the brit could’ve been delayed until the outbreak was treated and abated.

    I thought that the original reason for the “MP” was two fold. First to promote proper blood flow to the incision ensuring a healthy healing process. Second (and I know this sounds outdated) to present antibodies to the wound that infants haven’t acquired yet.

    ShalomCon
    ShalomCon
    12 years ago

    I’m surprised that the mohels aren’t voluntarily taking precautions. In this age of super-viruses, this “MP” custom is a pretty risky business for them.

    12 years ago

    WE DON’T KNOW THE MOHEL HAD HERPES! I haven’t seen anything anywhere it absolutely confirms the Mohel was infected & that he knew he had the virus. Surely both have to be in place for there to be “blame.” Everyone seems hung up on the virus & treatment & no one seems to consider facts & proof. This poor man is ruined, even if he is not to “blame.” You’re all so quick to judge it’s sickening.

    12 years ago

    What would you do if your dermatologist removed a growth from your skin and then sucked blood out of the fresh wound with his mouth? Make quick calls to the medical authorities and a lawyer. The germ theory of disease doesn’t make exceptions for chassidishe minhag. As for those who deny such a holy practice could be considered disgusting, why leave it to the mohel? Insist on doing the metzitza yourself on your newborn son.

    iib001
    iib001
    12 years ago

    Let the Government or an organized Orthodox body regulate all Mohals nationwide by requiring them to take a yearly test or a bi-yearly test for Herpes. This is not the first time this has happen this accrued not too long ago in Monsey.

    HaNavon
    HaNavon
    12 years ago

    #3,

    Actually, it’s a grama. He’s pattur m’dinai adam, not called a rotzeach.
    He might have done the wrong thing but a rotzeiach he’s not….

    DavidCohen
    DavidCohen
    12 years ago

    So many experts here, all drawing conclusions prematurely. A baby died, and there is evidence to at least suspect that the baby contracted the herpes simplex virus Type 1 during his Bris. There is going to be an investigation, that’s a good thing. This is not Antisemitism, nor is it anti-Torah or mitzvos. It’s the right thing to do. If the investigation proves that this was caused by metzizah b’peh then that needs to be well publicized. If the mohel knew he had the virus and did the bris anyway, then he should be charged with involuntary manslaughter and go to jail. Until then, stop jumping to conclusions and wait.

    jonkamm623
    jonkamm623
    12 years ago

    please someone ask reb chaim shlita what he thinks.(kanievsky)

    Aarons
    Aarons
    12 years ago

    Before we make all crazy comments we need to. Think what the family is suffering,
    If the mhoel had herpes he would know it and it’s something that comes and goes all the time so for that he should not do the job the way he did,
    He needs to take responsibility for his action,
    What a crazy guy he is.
    I can’t even think of what this family is suffering loosing a baby at a bris which is the first mitzva of a child,

    Avreich1
    Avreich1
    12 years ago

    There is **no excuse** for ANY mohel not being aware of the dangers of the herpes virus to the nimol (or to himself).

    A quick peek at the New York Department of Health website showed that the following publications are freely available – to anyone:

    #2432 Before the Bris: How to Protect
    Your Infant Against Herpes (English) ____________

    #2433 Before the Bris: How to Protect
    Your Infant Against Herpes (Yiddish) _____________

    #2430 Bris Milah. Making Ritual Circumcision Safer:
    A Guide for Rabbis (English) _____________

    #2431 Bris Milah. Making Ritual Circumcision Safer:
    A Guide for Rabbis (Yiddish