action. we told you on tuesday about 5-year-old kyler. his father joins us presently. he has just filed a lawsuit detailing his son's encounter with real life death panels. kyler was born november 30th, 2004. he had almost three years as a typical kid until that day in june, 2007, when his mother felt a lump in his jaw and then came the bump on his head and then he couldn't walk. on july 11th, 2007, he was diagnosed with stage four neuro blastoma -- cancer. the 2-year-old boy began chemotherapy. they harvested his stem cells, used them later for bone marrow transplants. they cut him open to take out the primary tumor. they subjected him to radiation therapy. when he contracted a disease they asked his insurance company health america division of coventary to pay for a drug not covered by the fda. thumbs up. that august they took out a kidney. in october they asked health america to cover another drug not yet approved by the fda and thumbs up again. the cans inner remissicer in re