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Cops Take Baby From Parents Who Sought 2nd Medical Opinion

Megyn Kelly interviews parents whose baby was taken by California authorities after they disagreed with doctor's diagnosis.

We're hearing more details about an incredible story out of California, where a couple watched as Child Protective Services came to their house and took away their five-month-old baby. Anna and Alex Nikolayev were told by doctors that their son, Sammy, urgently needed open heart surgery. They wanted a second medical opinion, but took him out of the hospital without a formal discharge and against a doctor's orders.

UPDATE: Check out unbelievable new video of the incident!

Here's the full background from

One California couple is celebrating after a Sacramento county judge ordered their 5-month-old son be taken out of protective custody and transported to a Stanford hospital in Palo Alto, News 10 reported.

The decision came one week after police and Child Protective Services removed Anna and Alex Nikolayev’s son, Sammy, from the couple’s house. The reason: They had sought a second medical opinion for their child.

The Nikolayevs can now see Sammy whenever they want and have control over the child’s medical decisions, but CPS will continue to monitor the situation.

“It’s like a special day for us,” Anna told News 10, a local ABC affiliate. “We’re like a unit with our son again.”

The Nikolayevs, a young Russian couple living in Sacramento, took their 5-month-old son Sammy to Sutter Memorial Hospital in Sacramento when he started to exhibit flu-like symptoms.  But when they arrived at the hospital, the couple became concerned about their son’s treatment, after Anna witnessed a nurse giving Sammy antibiotics – something a doctor had not instructed her to do.

After hearing their son needed open heart surgery as soon as possible, the Nikolayevs took Sammy out of Sutter Memorial without a formal discharge and rushed him to Kaiser Parmanente Medical Center in Sacramento, a rival hospital to Sutter.  There, the child was deemed clinically safe to return home with his parents.  

But just one day later, the police and CPS arrived to take Sammy from his parents.  He was placed in protective custody, and the parents were granted limited visitation rights.

Now, by order of the judge, Sammy will stay at Stanford Medical Center, where he will get a second medical opinion.  However, the couple must allow CPS to visit their home once Sammy is discharged, and they must agree to never take him from a hospital against medical advice.

Megyn Kelly interviewed Anna and Alex Nikolayev and their lawyers, Joe Weinberger and Robert Powell, on America Live this afternoon.

"They still want to control our life," said Anna, responding to Megyn's question about why authorities should still be able to make regular visits to check up on Sammy.

Weinberger said the Nikolayevs did what any parents would do in seeking a second opinion before deciding a major surgery for their child.

"It's not like they went home and sat around. They went to another hospital," said Weinberger, noting that the parents had an "antagonistic" relationship with the first doctor.

Alex Nikolayev said he received a call from his wife the next day, saying cops were outside and going to break the door down.

"I asked them if they had a warrant. Next thing you know I'm basically being pushed, dropped to the ground," he said, recalling that officers handcuffed him, then took away his keys and tried to enter the house. At that point, he said he called his wife from outside and told her to call 911.

Weinberger said he believes authorities have been lying and trying to cover up "to justify an action that is completely unjustifiable," vowing that a lawsuit is "absolutely" forthcoming.

Watch the interview!

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